Judgement

IMAM, J.: The respondent Jagan Nath filed a petition under Art. 226 of the Constitution in the Punjab High Court which was allowed. The High Court ordered the respondent The Union of India and the appellant Sohan Lal to forthwith restore possession of house No. 35 situated in West Patel Nagar, Delhi to Jagan Nath. Against this order of the High Court the appellant applied for and obtained special leave to appeal to this Court.

2. Jagan Nath is a displaced person and a refugee from Pakistan. The Government of India had devised various schemes for the rehabilitation of refugees. One of these was a scheme for sale of certain houses constructed by the Government of India for refugees in West Patel Nagar. It was not intended under the scheme to entertain applications from displaced persons who had already been allotted agricultural land in East Punjab. A limited number of houses known as "box-type tenements" were constructed. According to the procedure prescribed in order to give effect to the scheme, only those displaced persons, who were registered before the 15th of August, 1948, and were gainfully employed, were eligible for allotment of a house. A displaced person wishing