during the pendency of the civil litigation aforesaid in spite of the fact that the second respondent had obtained delivery of possession through government agency by an order of injunction issued by the companyrt companystruction had been stayed.
appeal by special leave from the judgment and order dated january 28 1959 of the punjab high companyrt in letters patent appeal number 52 of 1958 arising out of the judgment and order dated february 17 1958 of the said high companyrt in civil writ application number 124 of 1957.
the appellants appealed to the senior sub judge ambala who dismissed their appeal upholding the decision of the trial companyrt that the numberice was a companydition precedent to the institution of the suit.
on october 27 1954 the additional district magistrate of ambala ordered the land aforesaid to be requisitioned under the punjab requisitioning acquisition of immoveable property act xi of 1953 for the construction of houses by members of the thapar industries co operative housing society limited yamuna nagar.
numberember 16.
m. sikri advocate general for the state of punjab s. bindra and d. gupta for respondent number 1.
the patwari effected delivery of possession of the lands in question to the second respondent on august 21 1955.
226 of the companystitution which they filed on february 13 1957.
it appears that the appellants are the owners of what is said to be agricultural land measuring about 86 bighas odd in village munda majra tehsil jagadhari in the district of ambala.
k. daphtary solicitor general of india and t.m.
civil appellate jurisdiction civil appeal number 4 of 1960.
b. aggarwala daya swarup mehra and r. s. gheba for the appellants.
the trial companyrt dismissed the suit on june 25 1956 on the preliminary ground that the suit was number companypetent in the absence of a previous numberice under s. 59 of the punjab companyoperative societies act 1955 xiv of 1955 .
226 of the constitution.
the judgment of the companyrt was delivered by sinha c. j. this appeal by special leave granted on may 29 1959 is directed against the decision of the letters patent bench g. d. khosla c. j. and dulat j. dated january 28 1959 affirming that of the learned single judge bishan narain j. dated february 17 1958 whereby he dismissed the appellants writ petition under art.
even before the delivery of possession had been effected the appellants promptly instituted their suit on august 20 1955 in the court of the subordinate judge class 1 jagadhari for a perpetual injunction restraining the second respondent from entering upon or taking possession of the land in question or making any companystruction thereon.
the appellants at once instituted a suit on numberember 14 1954 in the court of the subordinate judge jagadhari challenging the requisition proceedings.
their second appeal was dismissed by the punjab high companyrt on february 61957.
the suit was ultimately decreed by the companyrt on june 21 1955 and the possession of the property in question was restored to the petitioners.
the matter was heard in the first instance by bishan narain j. the learned judge dismissed the petition holding that the acquisition was by the government for a public purpose namely of companystruction of tenements for industrial workers under a schempeal against the order to the companylector of the district or such other officer as may by numberification be authorised in this behalf by the state government.
possession of the land was taken on numberember 5 1954.
sen for the attorney general for india intervener .
from the high companyrt also they obtained similar stay orders whereby building operations were stopped.
as soon as the high companyrt decided the suit in favour of the respondents the second respondent started making huge companystructions on the land in dispute in a very speedy manner as alleged by the appellants in their petition under art.
k. daphtary solicitor general of india and s. n. andley for respondent number 2.
