I.D.DUA
WASHDEV SINGH BIGI – Appellant
Versus
UNION OF INDIA – Respondent
( 1 ) THIS second appeal arises out of a suit for a declaration instituted by the plaintiff-appellant on the allegations that he is a claimant and displaced person and lawful tenant of a Government-built property in question situated in Tilak Nagar, New Delhi. The said property is stated to be an allotable property, its value having been assessed at Rs. 3,200. 00 The plaintiff pleaded that he was entitled to the transfer of this property at the assessed value under the provisions of the Displaced Persons (Compensation and Rehabilitation) Act (hereafter called the Act ). His claim was denied and the property in dispute was transferred by the Union of India in favour of Smt. Kundan Devi, defendant No. 2. This transfer was described by the plaintiff to have been effected as a result of fraud and misrepresentation practised by the transferee s husband. The matter was taken by the plaintiff to the Settlement Commissioner on appeal, but the same was rejected on 14-3-1962. This order was described by the plaintiff to be without jurisdiction because the Assistant Commissioner, according to him, had not been delegated the powers of the Settlement Commissioner. The matter was fu
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