JUDGMENT

MISRA J. :—The present appeal by certificate is directed against the judgment of the High Court of Delhi dated 29th January. 1970 in Letters Patent Appeal confirming the judgment and order of the learned single Judge of the High Court dated 7th January, 1970.

2. Nanak Chand, father of the appellant was a displaced person from West Pakistan where he had left agricultural lands in village Chhota Bhukh Autar, tehsil Bahawal Nagar, district Bahawalpur. After the partition of the country his claim bearing Index No. B/BP-3/259 was verified in his name for 26 standard acres 12 1/2 units. Nanak Chand disappeared sometime in December, 1954 and a report about his disappearance was lodged by the appellants brother Dewan Chand, arrayed in this appeal as respondent No. 2, on 25th December, 1954 with the local police, Malhout, district Ferozepur, Punjab. An enquiry was made by the police in the matter and ultimately the police gave out that Nanak Chand could not be traced.

3. In the year 1956, a notice was issued in suo motu revision in regard to the verified claim referred to above, by the Additional Settlement Commissioner, Delhi to Nanak Chand, claimant. As Nanak Chand could not and did not appear in compliance with the notice, the eldest brother of the appellant, namely, Dewan Chand, appeared before the Additional Settlement Commissioner. Delhi an October 25, 1956 and alleged that Nanak Chand had died leaving behind three sons, namely, Dewan Chand, Prabhu Dayal and Ashok Kumar (minor) as the only legal heirs of the deceased.

4. The learned Additional Settlement Commissioner by his order dated 27th October, 1956 allowed the application for substitution and directed Dewan Chand, Prabhu Dayal and Ashok Kumar alone to be brought on the record as legal representatives of the deceased Nanak Chand, although Nanak Chand had left behind the aforesaid three sons, three daughters, namely, Satnam Devi, Lajwanti and Smt. Rai Rani and his widow Smt. Chandan Bai.

5. Prabhu Dayal. one of the three sons of Nanak Chand died in 1961 leaving behind his daughter Santosh Kumari. His widow Smt. Lajwanti applied for being substituted as an heir of the deceased along with her minor daughter Santosh Kumari. In 1964 the mother of the appellant also applied to the Settlement Officer that she and her three daughters may also be substituted as heirs and legal representatives of Nanak Chand, deceased regarding payment of compensation in respect of the verified claim They also prayed for condonation of delay in filing the application for substitution and for initiating proceedings under S. 9 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954. The Settlement Officer concerned recommended for condonation of delay in his report dated 24th March 1964 to the Regional Settlement Commissioner, Rajasthan with the delegated powers of Chief Settlement Commissioner. Rajasthan, who by his order dated 6th April, 1964 condoned the delay and directed that the case may be processed and finalised according to rules.

6. When the relevant record was received by the M.O./S.O. Rajasthan, the appellants mother alleged that the previous order of substitution of heirs of Nanak Chand, deceased. had been obtained by fraud and misrepresentation practiced by her sons inasmuch as they did not disclose in their application for substitution the existence of the appellant, her mother and sisters. The M.O.-cum-S.O. by his order dated November 16, 1964, dismissed the application of the mother of the appellant on the ground that the previous order dated 27th October, 1956 passed by the Additional Settlement Commissioner declaring only three sons of Nanak Chand deceased as his heirs, to the exclusion of deceaseds widow and daughters was never challenged by way of an appeal or revision, so the said order had assumed finality. He, therefore, declined to interfere and refused to grant redress. The mother of the appellant on her own behalf and on behalf of her three daughters, includin