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1969 Supreme(SC) 422

I.D.DUA, J.M.SHELAT, C.A.VAIDIALINGAM
Tribhuban Parkash Nayyar – Appellant
Versus
Union Of India – Respondent


Advocates:
For the Appellant :Vishnu Gupta, Advocate
For the Respondents:Naresh Kumar Raina, Advocate

Judgment

DUA, J.:- The appellant, a displaced person from Lahore, now in West Pakistan, submitted his claim in respect of the immovable property left by him there. The claim was submitted under the provisions of the Displaced Persons (Claims) Act XLIV of 1950 (hereinafter called the principal Act.) The property in respect of which the claim was submitted was valued by the appellant at Rs. 10 lack. It consisted of a building 21/2 storeyed high with 12 shops and a well as also some platform etc. in Landa Bazar, in Lahore. The Claims Officer verified this claim for Rs. 8 lacs. Against this order a revision was taken by the appellant to the Claims Commissioner who on May 1, 1953 in a brief order raised the value of the verified claim to Rs. 10 lacs. The relevant part of that order reads as under:

"I have gone through the order of the learned Claims Officer and I find that he has given a queer argument to allow Rs. 8,00,000/- to the claimant. By every method tried by him the assessment went beyond Rs. 10,00,000/- and I think he ought to have allowed Rs. 10,00,000/- as claimed by the claimant. I enhance the assessment and allow Rs. 10,00,000/- to the claimant."

We would assume that the Clai


































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