BANARSI DASS Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been filed by Banarsi Dass, son of Shri Bhag Mal, asserting that he is the sole owner of property No. 1/13-B, Hospital Road, Jangpura, New Delhi, which he acquired as a result of adjustment of his claims. It is asserted in the writ. petition that by purporting to review a revisional order byimpugned order dated 31st January 1984, the Settlement Commissioner has gone wrong in re-opening matters. which had been closed in the year 1958.

(2.) The petitioner asserts that he along with his father migrated to India from District Gujrat, now in Pakistan, where he lived along with his. father and brothers in the year 1947. The father of the petitioner left landed property and house property in village Kala Shadian, Tehsil Phalia, and village. Chak Lakhia, Tebsil Phalia. It is asserted by the petitioner that the entire property was partitioned in Pakistan and the house situated in village Kala Shadian fell to the share of the petitioner, while the house situated in village, Chak Lakhia fell to the share of Ram Lal, a brother of the petitioner, and" the agriculture land and plot fell to the share of Shri Bhag Mal and his other sons, namely, Bali Ram, Charan Dass and Ramji Lal.

(3.) On migration to India the petitioner filed his claim with respect to his own house in village Kala Shadian, while Ram Lal filed his claim in respect of his house in village Chak Lakhia, and the father of the petitioner Shri Bhag Mal and his other three sons filed a joint claim for verification under the Displaced Persons (Claims) Verification Act, 1950. The petitioner states that his claim was verified by the Claim Officer who passed his order dated 19th April 1952, and valued the claim at Rs. 3,484.00 in respect of the house at village Kala Shadian. No other member of the family had filed any claim with respect to the house at village Kala Shadian. The verified claim No. 1180 dated 19/4/1952 is annexed as annexure "A" to the writ petition.