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* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on:22.12.2025 Judgment pronounced on: 17.01.2026 Judgment uploaded on: 17.01.2026 + LPA 114/2013, CM APPLs. 4428/2015, 7030/2015, 39768/2016 NEELAM ARYA .....Appellant Through: Mr. P.V. Kapur, Sr. Adv. with Mr. N.S. Vasisht, Mr. M.P. Bhargava, Mr. Aashu Tyagi, Mr. Sidhant Kapur and Ms.

Kaveri Kapur, Advs.

versus DIN MOHD ( DECEASED ) AND ORS .....Respondents Through: Mr. Raman Kapur, Sr. Adv.

with Mr. Manish Kumar, Mr. Divyansh Singh and Ms. Aparajita Jha, Advs. for R-1, 2 and 4.

Mr. Dev Hans Kasana, Adv. for R-3.

Mr. Sanjay Kumar Pathak, Standing Counsel with Ms KK Kiran Pathak, Mr. Sunil Kumar Jha, Mr. M.S. Akhtar, Mr. Divakar Kapil, Advs. for R-5 to

7.

CORAM:

HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE TEJAS KARIA

J U D G M E N T

ANIL KSHETARPAL, J.

INTRODUCTION:

1. The present Appeal filed under Clause 10 of the Letters Patent read with Section 10 of the Delhi High Court Act, 1966, challenges the validity and legality of the orders dated 26.02.2009, 22.01.2010, and 07.01.2013 [hereinafter referred to as ‘Impugned Orders’] passed by the learned Single Judge in W.P.(C) No. 2385/1982 and subsequent Review Petitions No. 198/2011 and 436/2011. By way of the Impugned Orders, the learned Single Judge set aside orders passed by the quasi-judicial authorities under the Administration of Evacuee Property Act, 1950, affecting the rights of the Appellant over the subject land. After hearing learned counsels representing the parties at length and perusal of record, this bench is of the considered view that the matter is required to be remitted for re- examination before the Learned Single Judge on various reasons recorded hereinafter.

FACTUAL BACKGROUND:

2. The genesis of this dispute dates to the post-partition era and involves land situated in Village Chandan Hola, Delhi. The procedural history is complex, spanning over seven decades of administrative and judicial proceedings.

3. On June 13, 1949, the Administration of Evacuee Property (Chief Commissioners Provinces) Ordinance XII of 1949 came into force. Pursuant to Section 6(1) of this Ordinance, a Notification dated June 16, 1949, was published in the Official Gazette on July 6, 1949. This Notification resulted in the automatic vesting of several properties in Village Chandan Hola in the Custodian, except for those belonging to persons specifically named in the Schedule. Notably, the ancestor of the Respondents, Sh. Safed Khan son of Ghisa, was not mentioned in this Schedule. A different individual, Sh. Safed Khan son of Bhusan, appeared at Serial No. 29, leading to significant identity confusion in subsequent litigation.

4. The legal framework evolved through Ordinance XXVII of 1949 and finally the Administration of Evacuee Property Act, 1950. On July 21, 1961, a Competent Officer declared that since no claims were made regarding the non-evacuee share within the prescribed time, the property stood vested entirely in the Custodian. This order remained unchallenged for decades and attained finality.

5. On February 23, 1981, the Central Government allotted the subject land, comprising Khasra Nos. 93/1 (2-08), 95 (4-10), 97 (0- 17), and 71/1 (0-19) (totalling 8 Bighas 14 Biswa), to one Sh. Gurbax Singh under the Displaced Persons (Compensation & Rehabilitation) Act, 1954. This allotment was made in lieu of properties he had left behind in Pakistan.

6. The Respondents (heirs of Safed Khan) claimed they only learned of this vesting on March 20, 1981, upon receiving an eviction notice. On June 27, 1981, approximately 32 years after the initial vesting, they filed a Revision Petition under Section 27 of the 1950 Act. During these proceedings, on July 14, 1981, an entry in the Chowkidar’s Register was corrected to read "Safed Khan son of Ghisa" instead of "Phanda son of Ghisa". On June 29, 1982, the Custodian General dismissed the Revision, rendering a finding of fact that Safed Khan, was indeed an evacuee on the ground that the