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1957 Supreme(P&H) 98

D.FALSHAW, A.N.BHANDARI
N. H. Thadani – Appellant
Versus
Chief Settlement Commissioner – Respondent


Judgment

A.N.Bhandari, J.

1. This appeal under Clause 10 of the Letters Patent raises the question whether the appellant is entitled to the special protection afforded by Section 29 of the Displaced Persons (Compensation and Rehabilitation), Act, 1954. This section is in the following terms :-

"29 (1) Where any person to whom the pro visions of this section apply, is in lawful posses sion of any immovable property of the class notified under Sub-section (2) which is trans ferred to another person under the provisions of this Act, then notwithstanding anything con tained in any other law such person shall with out prejudice to any other right which he may have in the property, be deemed to be a tenant of the transferee on the same terms and condi tions as to payment of rent or otherwise on which he held the property immediately before the transfer * * * * Then follows a proviso which is not relevant for the decision of this case.

2. The facts of the case are simple and not in dispute. A bungalow known as Reay Villa situate at Mahableshwar, Bombay was notified as evacuee property in the year 1951 and was leased out to the appellant for a period of one year from 1-8-1952 at Rs. 3,750/-








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