AMAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner herein is a displaced person from West Pakistan. After coming to India he occupied as tenant the entire first floor of property No. XVI/ 1588 (Old)/1674 (new), situate in 35 Naiwala, Karol Bagh New Delhi The ground floor of that building was originally occupied by another tenant by name, Hari Singh. According to the petitioner Hari Singh vacated the portion of the building which lie was occupying some time in 1956. Thereafter some unauthorised persons were occupying the same.

(2.) 28th December, 1956, the petitioner applied for transfer of the building in question in his favour. The established facts are

(3.) On the date the petitioner made his application for transfer of the property in his favour, namely 28th December. 1956, the two relevant rules in force were rules 26 and 31 of the Displaced Persons (Compensation and Rehabilitation) Rules, 1955. Rule 26, to the extent it is necessary for our present purpose. reads as follows: