Judgment

WANCHOO, J. : This is an appeal by special leave against the judgment of the Punjab High Court by which the order of the Deputy Custodian General with respect of the cancellation of an allotment was set aside.

2. The main facts of the case are not in dispute being matters of record. The only point which was in controversy was whether the order of cancellation of the allotment in favour of the respondents had been made before July 22, 1952. The facts may therefore be briefly summarised in order to understand how this controversy arose. One Ragha Ram, who is dead and is now represented by the respondents, was a temporary allottee in village Fatoewal. District Hoshiarpur. He was also allotted some land on a quasi-permanent basis in village Budhewal. Of the appellants, Nil Kanth and Bindraban were sitting allottees in village Budhewal. It seems that they along with other three appellants were given quasi-permanent allotments in various other villages of Hoshiarpur district. All five of them applied to the Director-General Rehabilitation (Rural) praying that they be all restored to village Budhewal, On July 3, 1950, the Director-General made an order to the effect that

"these persons were sitting allottees in village Budhewal, but had been given quasi-permanent allotment in various other villages of Hoshiarpur District. Revenue Assistant (Rehabilitation) was directed to ensure during review that these persons were consolidated in village Budhewal, if there was no difficulty of grade. Otherwise they were to be consolidated in some other village of suitable grade. In case land was available adjustment might be made at once."

This order does not seem to have been implemented till the beginning of 1952. On February 27, 1952, a report was made that in Nil Kanth etc. had to be fited in village Budhewal, non-sitting allottees would have to be ousted because there was no area left in that village and proper orders were prayed for. On this report an order was passed by the Revenue Assistant (Rehabilitation) to the effect that the order had already been passed for fitting Nil Kanth etc. in village Budhewal and in consequence Ragha Ram would have to be ousted from that village. A notice was ordered to issue to Ragha Ram to file his objections to this course being taken. The date of this notice is not clear on the record; but is appears that Bachittar Singh respondent appeared on April 28, 1952, before the Revenue Assistant (Rehabilitation) and stated that his father Ragha Ram was dead that he and his two brothers were his heirs and that he was also muktiar-i-am of his two brothers. He further said that they should not be ousted and in case their outsting was inevitable they might be fitted in village Fatoowal, which adjoined village Budhewal. On this an order was passed summoning the parties for May 6, 1952. On that dated Bachittar Singh filed a written-statement and again objected to their being ousted from village Budhewal. Thereupon an order was passed that the persons affected had been informed and the order of the Director-General Rehabilitation should be implemented. The contention of the appellants is that it was on this date, (namely, May 6, 1952) that a further order was passed by the Deputy Commissioner, who was in charge of rehabilitation, cancelling the allotment in favour of the respondent in village Budhewal. It further appears that on the same day, apparently after the above order has been passed. Bachittar Singh made an application to the effect that the allotment in village Budhewal in the name of his father had been cancelled by the Director-General Rehabilitation by his order dated July 3, 1950, and he had received an order in this respect on May 6, 1952. He therefore, prayed that he might be allotted the entire land in village Fatoowal. It is said that thereafter the implementation of the order of May 6, 1952, was taken in hand and in consequence thereof the allotment of the present appellants in other villages was ca