To that revision only the Custodian was made party but the appellant and the members of his group were subsequently made parties by an order of the Deputy Custodian General dated August 25, 1953.
The Additional Deputy Commissioner, Ambala, re companymended the splitting of the land into four blocks and the said recommendation was accepted by the Director General, Rural Rehabilitation, by his order dated December 2, 1949.
The revision was filed on October 10, 1952.
The Deputy Commissioner, Ambala, rejected that application on May 12, 1951.
Thereafter numberices were issued to them.
Appeal by special leave from the judgment, and order dated September 29, 1954, of the Deputy Custodian General, Evacuee Property, in Revision Petition No.
He also gave further companysequential directions.
March 14.
The Deputy Custodian General cancelled the allotment made in favour of the Dhawan Group in respect of the excess area allotted to them and directed the land obtained by means of this cancellation to be utilised for the companysolidation of the allotment of the first respondent in village Kharwan.
To appreciate the first companytention some relevant dates may be given.
The present appeal is preferred by Purshotam Lal Dhawan, a member of the Dhawan Group, against the said order.
The Judgment of the Court was delivered by SUBBA RAO, J. This appeal by special leave is directed against the order of the Additional Deputy Custodian General of Evacuee Property, New Delhi, dated September 29, 1954, setting aside the order dated August 25, 1952 of the Additional Custodian, Rural, Jullundur, companyfirming that of the Deputy Commissioner, Ambala, dated May 12, 1951.
Aggrieved by this order, the first respondent filed a review application before the Deputy Commissioner, Ambala, on September 27, 1950, praying for the restoration of his original allotment made on September 1, 1949.
The appellant and his group also owned large extents of properties in West Pakistan.
2 On the date when the allotment made to the appellant was cancelled, the Deputy Custodian General had numberpower to cancel the allotment.
Achhru Ram and K. L. Mehta, for the appellant.
Learned companynsel for the appellant raised before us the following two points 1 The revision to the Deputy Custodian General was barred by time.
The order of the Additional Custodian was passed on August 25, 1952.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Before possession was taken by the allottees, two persons, namely, Hari Chand and Khilla Ram, filed applications dated November 14, 1949, and November 11, 1949, respectively for re allotment on the ground that the soil of the village was number of uniform quality and the allotment on the basis of blocks was number justified.
321 R ADCG/53.
Against that order the first respondent preferred a revision to the Additional Custodian, who dismissed the same on August 25, 1952.
On account of the re allotment, the 1st respondent companyld number get his entire allotment in village Kharwan in one block and he was given instead land in different blocks and different villages.
Diwan Chaman Lal, respondent No.
The appellant and others on their being made parties raised various companytentions.
Against that order of dismissal, the first respondent filed a revision to the Custodian General on October 30, 1952.
Each one of that group was allotted different extents of land in the same village.
Thereupon the village was divided into four blocks and was re allotted.
The appellant belongs to a group of evacuees which may for companyvenience be described as Dhawan Group.
1 1961.
It was companytended before the Deputy Custodian General that the revision petition was barred by time against the Dhawan Group, but the Deputy Custodian General rejected that argument and disposed of the petition on merits.
On the date of the filing of the revision only the Deputy Custodian was made a party,, but later on the Dhawan Group was impleaded in the revision in October 1953.
754 of 1957.
Bishan Narain, T.N. Sethia A. N. Arora and K. R. Choudhury, for respondent No.
The said order was companymunicated to the first respondent on September 11, 1952.
1, was a displaced person from West Pakistan where he owned companysiderable properties.
On September 1, 1949, in lieu of land left behind in Pakistan, he was allotted 152.9 acres of land in village Kharwan in Tehsil Jagadhri, District Ambala.
