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1975 Supreme(SC) 398

A.C.GUPTA, S.MURTAZA FAZAL ALI, V.R.KRISHNA IYER
Joint Secretary To The Government Of India – Appellant
Versus
Khillu Ram – Respondent


Advocates:
G.L.SANGHI, GIRISH CHANDRA, S.M.Anand

Judgement

A. C. GUPTA, J.:- This appeal by special leave arises out of a proceeding under the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (hereinafter referred to as the Act). The only question for determination in the appeal is whether the deletion of R. 30 of the Displaced Persons (Compensation and Rehabilitation) Rules, 1955 (hereinafter referred to as the Rules) with effect from August 13, 1963 made any difference to the rights of the parties concerned in this case. The question arises on the following facts.

2. Shop No. 2 in Tripri township in Patiala which is a Government built property was allotted in 1950 to the first respondent Khillu Ram jointly with one Tara Chand and his son by the Custodian of Evacuee Property. In 1951 both Tara Chand and his son left Tripri to settle elsewhere, and the second respondent Teju Mal applied for allotment of their share in the shop to him. By his order dated November 11, 1959 the Managing Officer, Tripri and Rajpura, held that Teju Mal and Khillu Ram were in possession of the shop as allottees respectively of 2/3 and 1/3 shares therein. Aggrieved by the order of the Managing Officer, the first respondent Khillu Ram preferre






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