GULAB AJWANI Vs. SARASWATI BAI

JUDGEMENT

(1.) A few facts necessary to lead up to the conclusion which we have reached may be narrated.

(2.) One Hassanand migrated from Pakistan to India in or around 1947. He had apparently considerable assets left behind and so he applied under the Displaced Persons (Claims) Act, 1950 for registration of his claim in respect of the properties left behind in Pakistan. However, he moved the Settlement Officer who set aside the ex parte order and thereafter, acting under the powers vested by the Displaced Persons (Compensation and Rehabilitation) Act. 1954 the Additional Settlement Officer verified and allowed the claim of Hassanand to the extent of 291 standard acres. On May 25, 1956 compensation was quantified under the latter Act (The Displaced Persons (Compensation and Rehabilitation) Act, 1954) and adjusted by allotment of an evacuee property. Later on 28th June, 1955 Hassanand died and the present respondent No. 1, his heir filed an application under S. 9 of the 1954 Act for compensation.

(3.) Subsequently, on April 11, 1963, one Mr. Wason made an order reviewing the earlier verification dated March 18, 1955 by the Additional Settlement Commissioner and rejected the entire claim of 291 standard acres. The aggrieved respondents moved in revision, the Chief Settlement Commissioner which was disposed of by the Additional Settlement Commissioner with delegated powers of the Chief Settlement Commissioner and it was rejected in February, 1964. A writ petition to the Bombay High Court followed and it met with success. In the view of the High Court the review of the earlier order by the Additional Settlement Commissioner vacating the claim for 291 standard acres was without jurisdiction. The writ petition having been allowed, the additional Settlement Commissioner has come up, by certificate to this Court.