GURBUX SINGH Vs. UNION OF INDIA AND OTHER

JUDGEMENT

(1.) THE dispute which has been raised in this petition under Article 226 of the Constitution of India is concerned with the rival claims of the petitioner Gurbux Singh and the third respondent Dewan Singh with regard to urban property consisting of house No. E.Q. 35 in Pacca Bagh, Jullundur City, which has been described throughout by the petitioner as house No. E.Q. 35/2.

(2.) IN order to appreciate the point which calls for determination, it would be necessary to set out the background of this controversy. The petitioner has been in occupation of House No. E.Q. 35 since 1947 as a displaced person. The petitioner also had a verified claim which on his own showing was finalised in 1950 and nothing remained due to him on account of his claim thereafter. This is the basis on which the Settlement authorities have proceeded and although it is challenged by the petitioner it has to be assumed for purposes of this petition that he is a non -claimant.

(3.) THE petitioner having failed in his revision petition before the Settlement Commissioner to challenge the valuation and also before the Central Government came to this Court in writ proceedings and his petition (Civil Writ No. 261 of 1962) was disposed of by Grover J. on 18th of September, 1962. As a good deal of argument is centred round the concession which was made by the then Advocate General Mr. Sikri, it would be well to reproduce the operative part of this order: