Judgment

AYYANGAR, J. : The appeal, by special leave, is directed to question the correctness of an order passed by the Deputy Secretary to the Government of India, Ministry of Rehabilitation under S. 33 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (Central Act XLIV of 1954) which for convenience will be referred to hereafter as the Act.

2. The facts necessary to appreciate the point urged before us are briefly these: The property in dispute is agricultural land of an extent of about 60 acres situated at Nizamabad in the former State of Hyderabad and now in the State of Andhra Pradesh. On September 7, 1950 the Deputy Custodian of Nizamabad District allotted 44 acres of this land to five persons who are the respondents before us. All these five were displaced persons and were entitled to this allotment. By a further order dated July 21, 1951 the balance of the 16 acres and odd was also allotted to them. The allotment was by way of lease and one of its stipulations was that the terms of the lease would be revised only after five years. The only point that needs to be stated about the terms of this lease is, that there was no condition imposed upon the lessees th