KAPUR SINGH Vs. DEPUTY CUSTODIAN GENERAL, NEW DELHI

JUDGEMENT

(1.) This is an appeal under clause 10 of the Letters Patent front the judgment of a Single Judge of this Court.

(2.) The facts leading to this appeal briefly are these. One Kishan Kaur was allotted land in village Sodhiwala, District Ferozepur. Complaints were received by the Additional Custodian against the allotment in her favour from various persons including the present appellant and respondents Jagir Singh and Kapur Singh. By order dated the 30th of March, 1953, the Additional Custodian concealed the allotment which had been made in favour of Kishan Kaur and by his order dated the 5th of October, 1953, he reallotted about 43 standard acres to the appellant, about 17 standard acres to Jagir Singh and Kapur Singh respondents and about 7 standard acres to one Saudagar Singh. Kapur Singh and Jagir Singh filed a petition under Article 226 of the Constitution in this Court but later on withdrew it and filed a revision petition against the order dated the 5th of October, 1953, before the Deputy Custodian General on the 10th of February, 1954, under section 27 of the Administration of Evacuee Property Act. They claimed land allotted to the present appellant. At the time of the filing of the revision petition, the present appellant was not impleaded but subsequently the Deputy Custodian General allowed his name to be introduced as a respondent in the memorandum of parties by his order dated the 28th of May, 1954.

(3.) The appellant contested the revision petition on the ground of limitation and also on merits, but by his order dated the 3rd of December, 1954 the Deputy Custodian General condoned the delay in making the present appellant a party in the proceedings before him and then on the merits set aside the order dated the 5th of October, 1953 passed by the Additional Custodian and cancelled the allotment which had been made in favour of the appellant and allotted that land to Kapur Singh and Jagir Singh respondents. Dissatisfied with this decision. Kapur Singh son of Kishan Singh filed a petition in this Court under Article 226 of the Constitution. That petition was dismissed by a Single Judge of this Court and the present appeal is directed against that it decision.