S B. Cpoor and H. R. Khanna, JJ.

( 1 ) THISLETTERS Patent Appeal is directed against the judgment of learned Single Jude dated the 6th of March 1964 whereby he dismissed the appellant s writ petition (Civil Writ No. 503-D of 1958) which was under article 226 of the Constitution of India.

( 2 ) THE facts relevant to the decision of the Letters Patent Appeal are not in dispute. The appellant as well as Ram Lal (respodent No. 5)- who is the only contesting respondent to this appeal as well as to the writ petition (hereinafter to be refrred is as the respondent) were allottees of house No. XII/2151 in Subzimandi, Delhi. This house was allotable property and was valued at Rs. 5,963. 00 by the Rehabilitation Department. The dispute beetween the parties relates to the question as to which of them is eligible for the transfer of this property under the provisions of the Displaced Persons (Compensation and Rehabilitation) Act (Act 44 of 1954) (hereinafter to be REFERRED TO as the Act) and the rules thereunder, and the authorities have come to varying decisions from time to time. The question has to be determined with reference to rule 30 of the Rules made under the Act and this rule origina

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