RAJ KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The dispute in this appeal pertains to the claim to House No. 3 situate in Block No. 13, Mohalla Kasabad, Hisar, Haryana which is an evacuee property under the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (for short 'the Act'). Father of the appellant-Radha Kishan was a displaced person. He had a verified claim of the value computed as Rupees 6,000/-. He occupied 400 Sq. Yards out of the 700 Sq. Yards of the property in dispute. Office of the Regional Settlement Commissioner vide communication dated 3-5-1957 noted that the assessed claim of the Radha Kishan was Rs. 6,000/-. The house was valued at Rs. 5,844/-. Radha Kishan was required to deposit a sum of Rs. 2,973/- against his claim. Radha Kishan deposited it with the Treasury Officer, Hisar being the total amount payable against the said claim for which he was issued a receipt dated 12-6-1957 acknowledging the payment of Rs. 2,973/- (Ex. P1). Settlement Officer vide communication dated 13-6-1957 certified that Radha Kishan had deposited the full amount payable towards the claim. On 3-3-1969 Radha Kishan filed an application with the Treasury Officer, Haryana for issuance of a certificate of having deposited the outstanding amount towards his claim. Treasury Officer vide certificate dated 5-3-1969 verified that the total amount payable towards the claim in the amount of Rs. 2,973/- had been deposited.

(2.) The house property in question was allotted to different displaced persons to satisfy their claims. A part of it measuring (400 Sq. Yards) was allotted to Radha Kishan and the other part measuring (300 Sq. Yards) was allotted to Hari Chand, now represented by his son Om Prakash, respondent No. 3.

(3.) The Chief Settlement Commissioner assessed the value of the property at over Rs. 15,000/-. Since the value was assessed over Rs. 15,000/- the then Settlement Commissioner held that it was not an allotable property and accordingly rejected the claim of the appellant as well as respondent No. 3.