Appeal from the judgment and order dated November 8, 1960 of the Punjab High Court in L. P. A. No.
One of the proprietors, Johrimal had made a gher in khasra No.
The present appeal is brought by Johrimal against the judgment of the Full Bench of the Punjab High Court.
3942 should be reserved for the extension of abadi for number proprietors.
3942 and, under the scheme, this.
The Judgment of the Court was delivered by Ramaswami, J. This appeal is brought, by certificate, from the judgment of the Punjab High Court dated Novemher 8, 1960 in Letters Patent Appeal No.
Against this order the Director of Consolidation of Holdings appealed under cl.
The Act was passed to provide for the companypulsory companysolidation of agricultural holdings and for preventing the fragmentation of agricultural holdings in the State of Punjab.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
226 of the Constitution.
Para 7 of the Scheme which was finalised under S. 20 of the Act provided as follows The existing houses and permanent enclosures shall be kept in the ownership and possession of those proprietors who were owners in possession prior to the companysolidation and in addition if these persons so desire, they shall be entitled to be given additional area upto one bigha for extension of the abadi.
The Director of Consolidation accordingly ordered that instead of being reserved for Johrimal, the plot should be kept for the number proprietors and the Consolidation records should be changed to that extent.
The order of the Director of Consolidation was dated March 8, 1957.
153 of 1964.
was to remain with him.
Aggrieved with this order, Johrimal applied to the High Court for grant of a writ under Art.
within the Shaimlat area they would keep them in their possession but adjustment would be made out of their Khewat land Later on the Director of Consolidation, to whom the powers of the State Government under S. 42 of the Act had been delegated reconsidered this matter and ordered that this particular piece of land i.e., khasra No.
In the case of such persons of right holders who have companystructed houses or enclosures etc.
Gopal Singh, S. P. Nayyar for R. N. Sachthey, for the respondents.
284 of 1958.
Bishan Narain, B.R.L. Iyengar, S. K. Mehta and K. L. Mehta,for the appellant.
