KEWAL KRISHAN JAGAT RAM Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) THIS is an appeal filed under Clause 10 of the Letters Patent by Kewal Krishan against the order of a Single Judge dismissing his petition filed under Article 226 of tne Constitution.

(2.) THE order which was impugned in the writ petition was passed under Section 33 of the Displaced Persons (Compensation and Rehabilitation) Act by Deputy Secretary in the Ministry of Rehabilitation accepting a petition tiled by the contesting respondent Mela Ram and ordering the transfer of the house in dispute to Mela Ram.

(3.) THE house in dispute is situated at Ludhizna and parts of it were occupied by four different persons as allottees. When the question of final disposal of the house arose it became a contest between Kewal Krishan and Mela Ram and it was decided by the Chief Settlement Commissioner in Kewal Krishan's favour on the basis that both patties were non-claimants and that the portion of the house occupied by Kewal Krishan was larger than that occupied by Mela Ram under Rule 31 of the Rules framed under the Act.