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1961 Supreme(SC) 109

K.SUBBA RAO, RAGHUBAR DAYAL, J.R.MUDHOLKAR
Purshotam Lal Dhawan – Appellant
Versus
Diwan Chaman Lal – Respondent


Advocates:
A.N.ARORA, ACHHRU RAM, BISHAN NARAIN, K.L.Mehta, K.R.CHAUDHARY, T.N.Sethi

Judgment

SUBBA RAO, J. : This appeal by special leave is directed against the order of the Additional Deputy Custodian-General of Evacuee Property, New Delhi, dated September 29, 1954, setting aside the order dated August 25, 1952, of the Additional Custodian, Rural, Jullundur, confirming that of the Deputy Commissioner, Ambala, dated May 12, 1951.

2. The appellant belongs to a group of evacuees which may for convenience be described as Dhawan Group. Diwan Chaman Lal, respondent No. 1, was a displaced person from West Pakistan where he owned considerable properties. On September 1, 1949, in lieu of land left behind in Pakistan, he was allotted 152.9 acres of land in village Kharwan in Tehsil Jagadhri, District Ambala. The appellant and his group also owned large extends of properties in West Pakistan. Each one of that group was allotted different extends of land in the same village. Before possession was taken by the allottees, two persons, namely, Hari Chand & Khilla Ram, filed applications dated November 14, 1949, and November 11, 1949, respectively for re-allotment on the ground that the soil of the village was not of uniform quality and the allotment on the basis of blocks was no



















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