TEJ RAM Vs. CUSTODIAN GENERAL

JUDGEMENT

(1.) THIS an application for an appropriate writ in order to quash an order of the Custodian General by which on a review petition filed by respondent No. 2, he set aside his previous order dated 21 -12 -64.

(2.) IT appears that the house in dispute was allotted to the petitioner as for back as in 1958 alongwith some agricultural lands. Subsequently, however, one Inder Singh father -in -law of respondent No. 2 came into wrongful possession of the house and did not vacate possession of the house in spite of the orders of the authorities concerned. Subsequently the matter was taken before the Custodian who by his order dated 11 -3 -1963 cancelled the petitioners allotment but on revision to the Custodian General this order was set aside and the allotment in favour of the petitioner was confirmed. Against this order, respondent No. 2 filled a review petition before the Custodian General, who accepted the review petition and cencelled the allotment of the petitioner. Hence this petition before this court.

(3.) MR Mahajan appearing for the petitioner submitted that the Custodian General had committed a serious error of law in accepting the review petition beyond the grounds laid down by Order 47 Rule 1 of the Code of Civil Procedure. " The learned counsel for the petitioner further submitted that the Custodian General was influenced by extra -judicial information in setting aside his own order which was passed on legal materials on the record.