Ayyangar, J. - (1.) This is an appeal on a certificate of fitness granted under Art. 133 by the High Court of Punjab against the order of trial Court dismissing the appellant's petition to it under Art. 226 of the Constitution.
(2.) The point in controversy lies within a narrow compass and hence of the voluminous facts we propose to set out only those which are relevant for appreciating the contentions urged before us. The father of the appellant owned a considerable agricultural property in Pakistan and he with the members of his family moved over to India, on partition. The appellant's father was allotted a considerable extent of land in village Kharar, District Ambala, but we are not concerned with that. He had still some unsatisfied claim for allotment and on December 29, 1955 he was allotted by the Managing officer on quasi-permanent tenure Khasra Nos. 880, 881 and 882 which were within the municipal area of Kharar with the regularity of which -allotment alone this appeal is concerned. It may be mentioned that the appellant's father had died in 1952 and the allotment made was actually to the appellant in lieu of the claim of his father on the allotment being made, a sanad was issued to the appellant on December 31, 1955 by the Managing officer. When the appellant tried to take possession of these lands, disputes were. raised by respondents Nos. 4 and 5. They were not displaced persons but they claimed that they had been in possession of this property from a long anterior date from which they could not be disturbed and also that the property court not be the subject of a valid allotment. These respondents moved the Assistant Settlement Commissioner for cancellation of the allotment and this appeal was allowed by the officer who 'found that the land comprised in these three khasra numbers was within an "urban area" within the meaning of R. 2 (h) of the Displaced Persons (Compensation and Rehabilitation) Rules, 1955 and consequently that the allotment to the appellant was contrary to law. He therefore cancelled the allotment. The appellant thereafter applied to the Chief Settlement Commissioner in revision and not being successful there moved the High Court by a petition under Arts. 226 and 227 of the Constitution. As stated earlier, this petition was dismissed and it is the correctness of this dismissal that is challenged in the appeal before us.
(3.) Mr. Bishan Narain, learned Counsel for the appellant urged in the main two contentions in support of the appeal. The first was (1) that after the Managing officer granted a sanad on December 31, 1955 in the name of the President of India, the appellant obtained an indefeasible title to the property and that this title could not be displaced except on grounds contained in the sanad itself even in the event of the order of allotment being set aside on appeal or revision. We have considered this point in the judgment in Civil Appeal No. 552 of 1963 Mithoo Shahani vs. Union of India which was pronounced on 10-3-1964 and for the reasons there stated this submission has to be rejected.;