KISHAN CHAND Vs. UNION OF INDIA

JUDGEMENT

(1.) This Regular Second Appeal has been filed against the judgment, dated January 27. 1966, of Shri M. L. Jain. A.dditional District Judge. Delhi, in Regular Civil Appeal No. 37 of 1965, dismissing the said appeal and confirming the judgment and decree of Shri Dev Raj Khanna, Subordinate Judge 1st Class, Delhi, dated January 21, 1965, whereby the learned trial Judge dismissed Suit No. 97 of 1962.

(2.) The Regular Second Appeal came up for hearing originally before I. D. Dua, C.J, on January 19, 1968. One of the points raised in the second Appeal related to the vires of Rule 104 of the Displaced Persons (Compensation and Rehabilitation) Rules. 1955 (hereinafter referred to as "the Rules"). There was a decision of a Single Bench of this Court in W. C. Rahbar v. Union of India. C.W.P. No. 5S7-D of 1964, decided on May II. 1967(1), in which the aforesaid rule had been struck down as being ultra vires of Section 24 of the Displaced Persons (Compensation and Rehabilitation) Act No. 44 of 1954 (hereinafter referred to as "the Act"). It was submitted before the learned Chief Justice that the said decision was the subject matter of Letters Patent Appeal No. 22 of 1968 which was pending at that' time. In the circumstances, the learned Chief Justice directed that this Regular Second Appeal be posted before a Division Bench along with the aforesaid Letters Patent Appeal from the Judgment in Civil Writ Petition No. 587-D of 1964. However, the said Letters Patent Appeal was heard and disposed of separately by a Division Bench, H. R. Khanna C.J. and S. N. Shankar J. on August 6, 1971, and the learned Judges referred the matter to a Full Bench. The case wa.s then heard and disposed of by a Full Bench consisting of V. S. Deshpande. P. S. Safeer and B. C. Misra JJ. on February 25, 1972 (vide) Union of India & Others v. M/s. Navin Bharat & others, 1972 P.L.R. (Delhi Section) 203(2) holding that the said rule was infra vires section 24 of the aforesaid Act. The Second Appeal has, therefore, come up for hearing before us now on the other points raised therein.

(3.) The appellant herein, Kishan Chand, claiming to be a displaced person with a verified claim and an allottee of the first floor of the House No. III/474/979, Katra Shafi, Phatak Habhash Khan. Delhi, filed the aforesaid suit, No. 97 of 1962, for a declaration to the effect that an order of the Managing Officer, dated November 22, 1957, an order of the Additional Settlement Commissioner in appeal, dated January 31, 1958, an order of the Settlement Commissioner in revision, dated December 28. 1959, and an order of the Central Government in revision under Section 33 of the Act, dated June 13, 1960, holding and ordering that Shrimati Attar Kaur, widow of Shri Ganesh Dass, was eligible for the transfer of the entire house in dispute, were all illegal, void, without jurisdiction, arbitrary, malicious, and against principles of natural justice, and hence inoperative and not binding on him. The Union of India through the Secretary Ministry of Rehabilitation, was impleaded as defendant I and Shri mati Attar Kaur was impleaded as defendant 2 in the suit,