and allotment of which had been cancelled earlier.
Acting suo motu the Additional Custodian made an order on October 31, 1952 cancelling the order of allotment of land in the village Raikot made in favour of the appellants in the year 1949 and instead allotted to them land in Karodian in substitution of ,the lands at Raikot and of the lands allotted to their father.
During the pendency of the revision application the Additional Custodian for the State of Punjab cancelled the allotment of fourteen quasi permanent allottees of the village Karodian in the same district on the ground that these persons were entitled to allotment of suburban land a had been wrongly fitted in the village Karodian.
On December 17, 1954, the Deputy Custodian General, before whom these allottees had preferred an application for revision, revised the order of the Additional Custodian and restored to the 14 allottees of Karodian the land which had been originally allotted to them.
The appellants have, therefore, companye up to this Court by way of appeal with special leave.
The ground on which the appellants application was rejected by the Deputy Custodian General was that his jurisdiction to revise the order has been taken away by virtue of the provisions of Displaced Persons Compensation and Rehabilitation Act, 1954, 44 of 1954 and the numberification issued thereunder on March 24, 1955.
Appeal by special leave from the judgment and order dated November 8, 1957, of the Deputy Custodian General, Evacuee Property, Now Delhi Revision Petition No.
Consequent upon the cancellation of the appellants allotment of the Raikot land they were allotted to respondents 2 to 4.
The Additional Custodian admitted that these persons were number entitled to allotment of suburban land and that companysequently their allotment had been wrongly made but referred the matter back to the Additional Custodian for decision.
By the order dated November 8, 1957 the Deputy Custodian General dismissed the appellants application.
The Additional Custodian for the State of Punjab recommended to the Custodian General the restoration of the land to the 14 allottees which had been taken away from them by reason of cancellation of the allotment in their favour by the order dated October 31, 1952.
The land allotted was out of the land released upon the cancellation of allotment of lands in favour of the aforementioned 14 allottees.
These persons were, therefore, impleaded as parties to the proceedings before the Deputy Custodian General.
The application made by the appellants was kept pending till the decision of the application of the 14 allottees of Karodian.
The appellants also preferred an application for review of the order cancelling their quasi permanent allotment in the village Raikot.
17 R/55 of 1955.
These fourteen allottees preferred an application for review of the order cancelling their allotment on the ground that this cancellation was a result of misapprehension of the actual facts and that they were number entitled to allotment of suburban lands at all.
Achhru Ram and K. L. Mehta for the appellants.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
March 15.
A revision petition preferred by the appellants against the order of the Assistant Custodian was dismissed by the Additional Custodian on August 20, 1952.
On October 7, 1952 the appellants preferred a revision application before the Custodian General.
Nand Singh, therefore, made an application for companysolidation of his lands with those of the appellants in the village Raikot.
101 of 1959.
The two villages are, however, 25 miles or so distant from each other.
S. Bindra and A. G. Ratnaparkhi, for the respondents Nos.
K., Khanna and, T. M. Sen, for the respondent No.
Their father Sardar Nand Singh who was found entitled to quasi permanent allotment of 40 standard acres and 5 1/4 units of land was given quasipermanent allotment in another village named Humbran in the same district.
The Judgment of the Court was delivered by MUDHOLKAR J. The appellants who are admittedly displaced persons from West Pakistan were granted quasi permanent allotment of 24 standard acres and 15 3/4 units in the village of Raikot in Ludhiana District in 1949.
This application was rejected by the Assistant Custodian on July 23, 1951 on the ground that numberland was available in the village Raikot.
During the pendency of this application he died and after his death, the, application was companytinued by the appellants.
