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1965 Supreme(P&H) 14

I.D.DUA, H.R.KHANNA, S.B.CAPOOR
Jamna Bai – Appellant
Versus
Union Of India – Respondent


Judgment

H.R.Khanna, J.

1. The following question has been referred to the Full Bench in Civil Writ No. 500 of 1963 in pursuance of the order of my learned brother Dua J. and myself.

"What is the exact import of the word "occupation" as used in Rule 30 of the Displaced Persons (Compensation and Rehabilitation) Rules, 1955? Does it denote occupation in ones own right, or would it also cover other case of persons in occupation as licensees at the sufferance of an allottee?

2. The dispute in the above writ petition relates to house No 181. B-IX situated in Ludhiana. The aforesaid house is indivisible and its different parts were allotted to Jamna Bai petitioner and respondents 4 to 8. They were however, all non-claimants. Bhagat Ram Dass, husband of Jamna Bai, happened to be claimant and as such claimed other transfer of the house on the ground that he was living in it along with his wife. The Settlement Officer held as per order dated February 17, 1962, that Bhagat Ram Das was not living with his wife and as such the eligibility of the parties for the transfer of the house should be determined under Rule 31 of the Displaced Persons (Compensation and Rehabilitation) Rules, 1955 (herein






































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