Rajinder Nath Mittal, J. - (1.) THIS Second Appeal has been filed by the Plaintiffs against the judgment and decree of the Additional District Judge, Karnal, dated September 20, 1973.
(2.) BRIEFLY , the facts are that Sunder Singh son of Wassan Singh was the owner of land measuring 311 kanals 15 marlas situate in village Karriala in West Pakistan. During the partition of the country, he migrated to India and settled in village Dharam Kot, in district Ferozepur, where he died. Some agricultural land was allotted in the name of the deceased in village Adamke, Tehsil Mansa in lieu of the land left by him in Wert Pakistan and its possession was given to the Defendants who are his collaterals in the 4th degree. The allottees later sold this property to some other persons. Shriman Kesar Kaur, Shrimati Kartar Kaur, daughters and Balkar Singh deceased daughter's son, of the deceased submitted applications to the rehabilitation authorities for allotment of the land in lieu of the land left by the deceased in West Pakistan. As a result of the applications, they were allotted land in village Baras, Tehsil and District Karnal and the possession was delivered to them on December 16, 1962 A mutation was also sanctioned in their favour on June 6, 1963.
(3.) IT is alleged that the Defendants moved the Rehabilitation Authorities that the land in lieu of the land left by the deceased had been allotted to them in village Adamke and therefore, allotment of land in favour of the Plaintiffs be cancelled, being a double allotment. It is further alleged that the allotment in favour of the Plaintiffs was a valid one. Consequently, they prayed that a declaratory decree to the effect that they being legal heirs of Sunder Singh deceased were entitled to all claims due for the land left by the deceased in West Pakistan, in India, be passed in their favour and the Defendants be restrained from interfering with their possession of the land situated in village Baras.;