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1967 Supreme(Del) 22

JAGJIT SINGH, K.S.HEGDE
AMAR SINGH – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
K.K.Mittal, Prakash Narain, Y.Dayal

( 1 ) THE petitioner herein is a displaced person from West Pakistan. After coming to India he occupied as tenant the entire first floor of property No. XVI/ 1588 (Old)/1674 (new), situate in 35 Naiwala, Karol Bagh New Delhi The ground floor of that building was originally occupied by another tenant by name, Hari Singh. According to the petitioner Hari Singh vacated the portion of the building which lie was occupying some time in 1956. Thereafter some unauthorised persons were occupying the same.

( 2 ) 28th December, 1956, the petitioner applied for transfer of the building in question in his favour. The established facts are

(1) He is a displaced person;

(2) He has no verified claim;

(3) He is the lawful occupant of a portion of the premises, mentioned earlier;

(4)THE other portions of the building are in possession of unlawful occupants, and

(5) The premises in question is an acquired evacuee property, which is an allottable property. All the authorities below have rejected the petitioner s claim. Hence, he has come up with this petition under Articles 226 and 227 of the Constitution. In this petition he has prayed for two reliefs, namely (i) to quash the orders passed by the responde










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