Judgment

Bhan, J.—This appeal by grant of leave has been filed against the judgment and order dated 22.03.2002 passed by the High Court of Delhi at New Delhi in Regular First Appeal No. 280 of 1982. By the impugned order the High Court has allowed the appeal and set aside the judgment and decree for possession of the suit property and damages passed by the Trial Court in favour of the plaintiff appellant.

Facts

2. Premises in dispute is an evacuee property i.e. shop No.114, New Qutab Market, New Delhi a Government Built Property in terms of Rule 2(d) of the Displaced Persons (Compensation and Rehabilitation) Rules, 1955 and forms part of the compensation pool within the meaning of Section 14 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (for short “the Act”)

3. Bhagwan Das, father and predecessor-in-interest of the defendant-respondent who was not a displaced person filed C.W.P.No. 458-D of 1958 in the Circuit Bench of the Punjab and Haryana High Court at Delhi seeking transfer of shop No.114, in his favour on the ground that the same was allotted to him with effect from 10.05.1956 by the Department and he has been regularly paying rent for the same and prayed th