ORDER : 1. Leave granted. 2. This is defendant's appeal. The contention of the appellant is that the plot of land which is directed by the courts below to be allotted to plaintiff respondent has not been acquired by the defendant-appellant and, therefore, the defendant-appellant is unable to allot the said plot of land. This contention was also raised before the High Court, but the same was rejected on the ground that it was raised for the first time before the High Court. Since this question goes to the root of the matter, we set aside the order passed by the courts below and send the case back to the trial court to decide the said question. It will be open to the parties to adduce fresh evidence on this question. 3. The appeal is allowed. There shall be no order as to costs.