TRIBHUBAN PARKASH NAYYAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellant, a displaced person from Lahore, now in West Pakistan, submitted his claim in respect of the immovable property left by him there. The claim was submitted under the provisions of the Displaced Persons (Claims) Act XLIV of 1950 (hereinafter called the principal Act.) The property in respect of which the claim was submitted was valued by the appellant at Rs. 10 lack. It consisted of a building 21/2 storeyed high with 12 shops and a well as also some platform etc. in Landa Bazar, in Lahore. The Claims Officer verified this claim for Rs. 8 lacs. Against this order a revision was taken by the appellant to the Claims Commissioner who on May 1, 1953 in a brief order raised the value of the verified claim to Rs. 10 lacs. The relevant part of that order reads as under:

(2.) The respondent took the matter on appeal to a Division Bench under the Letters Patent and the Letters Patent Bench reversed the order of the learned Single Judge holding that on a reading of the order of the Settlement Commissioner it could not be said that his finding was based on no legal evidence. The appeal was accordingly allowed and setting aside the order of the learned Single Judge, the appellant's writ petition was dismissed. The appellant has come to this Court on appeal with certificate.

(3.) On behalf of the appellant two main points were raised before us. It was contended, in the first instance, that Shri M. S. Chaddha, while exercising the power of the Chief Settlement Commissioner, had no jurisdiction to revise the order made by the Claims Commissioner exercising the revisional power of the Chief Claims Commissioner under the principal Act. Secondly, it was contended that there was a clear error of law apparent on the face of the record with the result that the learned Single Judge was fully justified in quashing the order of the Settlement Commissioner, and that the Letters Patent Bench was in error in allowing the appeal. While developing this ground of attack the counsel also submitted that in exercising the power of revision the Settlement Commissioner could not interfere with conclusions of fact and that he had, therefore, exceeded his jurisdiction in so doing.