DEV RAJ Vs. UNION OF INDIA

JUDGEMENT

(1.) THE point involved in this appeal under Clause 10 of the Letters Patent is a short one.

(2.) UNDER rule 30 of the Displaced Persons (Compensation and Rehabilitation)Rules, 1955 (hereinafter referred to as the Rules), before the same was abrogated, a holder of a verified claim, who was in occupation of an acquired evacuee property, was entitled to the transfer of the same at reserve price by way of payment of the compensation payable to him. He was to be preferred as against another occupier of a portion of that building who had no such claim.

(3.) PT. Dev Raj and Gurcharan Parshad were the two occupants of an evacuee property in Ludhina. The transfer of the said property was originally made in favour of Gurcharan Parshad. This order was set aside on an application by Pt. Dev raj to the Settlement Commissioner on the ground that the same was passed ex parte without notice to Pt. Dev Raj. Gurcharan Parshad went in appeal to the Chief settlement Commissioner, which appeal was accepted without notice to Dev Raj, but this order was set aside on the matter being brought to the notice of the Chief settlement Commissioner. The matter was ultimately dealt with by Shri Parshotam Sarup, Deputy Chief Settlement Commissioner and, treating the appeal as a revision suo motu, he set aside the order of the Managing Officer in favour of gurcharan Parshad and remanded the case for fresh decision after determining the eligibility according to law, after due notice to the parties. This order is dated 23rd october, 1961.