HARDAYAL HARDY, J.

( 1 ) THIS appeal under Clause 10 of the, Letters Patent arises out of a judgment delivered by a learned Singel Judge of the Court in Civil Writ No. 149-D of 1963, where by the petition filed by the appellant, who was petitioner in that case, was dismissed.

( 2 ) THE question arising for determination in this appeal relates to Rule 30 of the Displaced Persons (Compensation and Rehabilitation) Rules, 1955 which will hereafter be called the Rules.

( 3 ) THE contention urged by the appellant is that the said rule has not been correctly interpreted by the learned Single Judge and that on a true construction of Rule 30 the appellant alone is entitled to the transfer of the entire property.

( 4 ) THE facts lie in a small compass. Quarter No. 6/82 in Rajinder Nagar is a Government built property which was occupied by the appellant and respondent No. 5 Mohar Singh. It was transferred to respondent No. 5, and its cost was adjusted against a claim payable to Shri Gulab Singh father of respondent No. 5. This order was set aside by the Deputy Chief Settlement Commissioner who remanded the case with a direction that further inquiry relating to the divisibility of the property

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