AMAR NATH ISSAR Vs. UNION OF INDIA

JUDGEMENT

(1.) This judgment will dispose of three first appeals against orders NOS. 40-D/54, 97-D/54 and 101-D/54, as a common question of law arises in all the three appeals.

(2.) In each case the claim is against the Union of India respondent in an application under Section 13 of the Displaced Persons (Debts Adjustment) Act, 1951 (Act No. 70 of 1951), hereinafter to be referred as "the Act", for an amount stated in the application. A preliminary objection was taken on behalf of the respondent, in each application that the respondent is not a 'person', within the scope of Section 2 (6) (c) and 13 of the Act, who either ordinarily or actually and voluntarily resides, or carries on business or personally works for gain in the territory of India and so no application under Section 13 of the Act is competent. This has found favour with the Tribunal and by three separate orders of 22-12-1953 in F. A. O. No. 40-D/54, of 29-4-54 in F. A. O. 97-D/54, and of 20-4-1954 in F. A. O. No. 101-D/54, the applications have been dismissed. Each applicant has filed a separate appeal against the order.

(3.) The question raised being of some importance a learned Single Judge has made reference to a larger bench and this is how these appeals come before us.