UNION OF INDIA Vs. BISHAN DEVI

JUDGEMENT

(1.) This appeal under Clause 10 of the Letters Patent by Union of India, Chief Settlement Commissionerand Regional Settlement Commissioner, is directed against thejudgement of learned Single Judge whereby he accepted the writpetition filed by Shrimati Bishan Devi respondent, quashed theorder dated 14/3/1967 of Joint Chief Settlement Commissioner and the auction-sale, in respect of the property in dispute, held on 9/03/1967. Order was also made that ShrimatiBishan Devi was entitled to the transfer of the property in disputein her favour.

(2.) Brief facts giving rise to this appeal are that Shrimati BishanDevi and her husband Buta Rani were displaced persons fromGujranwala in Pakistan. Bisharn Devi and Buta Ram made separate claims for properties left in Pakistan. The claim ofBishan Devi was verified on 7/03/1951 for Rs. 24,000.00.On revision the amount was enhanced on 18/06/1951 toRs. 29,784.00. The claim of Buta Ram was verified for an amountof Rs. 31,900.00. The property in dispute, situate in RameshNagar, Mew Delhi, had been built by the government. It was put to auction on 27/11/1955, under the orders of theChief Settlement Commissioner. Bishan Devi gave the highestbid of Rs. 15,400.00. Her bid was accepted and on 17/12/1955 she was told to give the registration numbers of herclaim application and of any of her relatives or associate. BishanDevi gave the registration number of her claim which had been verified for Rs. 29,784.00. She also along with that associatedthe claim of her husband which had been verified for Rs. 31,900.00.The total compensation due on the two verified claims calculatedas separate units, according to Bishan Devi, came to Rs. 17,654.00.She moved the Chief Settlement Commissioner for the finali-zation of her case. On 16/07/1957 the Settlement Officerissued a notice to Bishan Devi asking her to produce surrender certificate in respect of a quarter occupied by her husband inPurana Qila. She was told that unless she did so the sale of theproperty in her favour would be cancelled and the amount of10/o deposited by her would be forfeited. Bishan Devi wasalso given provisional possession of the property in dispute.Bishan Devi filed objections to the demand of surrender certificate. On 16/09/1957, Regional Settlement Commissionerpassed on order clubbing the claims of Bishan Devi and herhusband. It was observed that the property held by BishanDevi in Pakistan had not been shown to have been purchasedby her out of her Stridhana. On 10/12/1957, BishanDevi was asked to pay Rs. 3,060.00 being the extra amount payable by her towards the sale price by reason of the clubbing togetherof the claims of Bishan Devi and Buta Ram. Bishan Devidid not pay that amount. On 7/02/1958 an order wasmade cancelling the auction-sale in favour of Bishan Devi andforfeiting the 10% deposit made by her. On FebruaryA 28, 1958 Bishan Devi was asked to hand over vacant possessionof the property in dispute. Bishan Devi filed an appeal againstthe orders dated 7/2/1958 and 28/2/1958, buther appeal was dismissed by Shri Gajendra Singh, Deputy ChiefSettlement Commissioner, on August 28, 1958. Bishan Devifiled an application under Section 33 of the Displaced Persons(Compensation and Rehabilitation) Act (hereinafter referredto as the Act) against the order of Shri Gajendra Singh, but thesame was dismissed on 15/06/1959.

(3.) During the pendency of Bishan Devi's application underSection 33 of the Act, the Chief Settlement Commissioner issueda memorandum on 27/12/1958, Paragraphs 1 and 4of that memorandum, with which we are only concerned, readas under :-