RAJ RANI Vs. CHIEF SETTLEMENT COMMISSIONER DELHI

JUDGEMENT

(1.) The present appeal by certificate is directed against the judgment of the High Court of Delhi dated 29th January. 1970 in Letters Patent Appeal confirming the judgment and order of the learned single Judge of the High Court dated 7th January, 1970.

(2.) Nanak Chand, father of the appellant was a displaced person from West Pakistan where he had left agricultural lands in village Chhota Bhukh Autar, tehsil Bahawal Nagar, district Bahawalpur. After the partition of the country his claim bearing Index No. B/BP-3/259 was verified in his name for 26 standard acres 12 1/2 units. Nanak Chand disappeared sometime in December, 1954 and a report about his disappearance was lodged by the appellant's brother Dewan Chand, arrayed in this appeal as respondent No. 2, on 25th December, 1954 with the local police, Malhout, district Ferozepur, Punjab. An enquiry was made by the police in the matter and ultimately the police gave out that Nanak Chand could not be traced.

(3.) In the year 1956, a notice was issued in suo motu revision in regard to the verified claim referred to above, by the Additional Settlement Commissioner, Delhi to Nanak Chand, claimant. As Nanak Chand could not and did not appear in compliance with the notice, the eldest brother of the appellant, namely, Dewan Chand, appeared before the Additional Settlement Commissioner. Delhi an October 25, 1956 and alleged that Nanak Chand had died leaving behind three sons, namely, Dewan Chand, Prabhu Dayal and Ashok Kumar (minor) as the only legal heirs of the deceased.