Law: Displaced Persons (Land Settlement) Act, 1958

Section: 10

Displaced Persons (Land Settlement) Act (XLVII of 1958)-------S. 10---Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975), S.2---Specific Relief Act (I of 1877), Ss.42 & 55---CivilProcedure Code (V of 1908), S.115---Cancellation of allotment of land---Suit for declaration with prayers that the ex parte order of the Additional Settlement Commissioner canceling the allotment and prospectively re-allotting the same to the informer (defendant) was illegal, procured by fraud, violative of natural justice, void and ineffective and transferring the said property to the informer consequent upon the order of Additional Settlement Commissioner was also claimed to be illegal and void---Said order of Additional Settlement Commissioner acknowledged the factum and entitlement of allottee but consciously omitted to issue notice to the occupants thereof namely the plaintiffs on the unsustainable and presumptuous ground that they were unauthorized persons occupying the land of allottee after her demise while holding that the original allottee of the land in question was the undisputed allottee---Order in question believed the informer's version and cancelled the allotment which was being availed by the plaintiff---Trial Court and thereafter the Appellate Court, while dealing with the issues touching the merits of the dispute had undertaken an inquiry as to genuineness of the allotment and as to the veracity of the plaintiffs' claim as her legal heirs but record revealed that said enquiry was not in aid of anyone of the said issues---Material proposition highlighted in the issues was with regard to the impugned order of Additional Settlement Commissioner whereby the allotment of original allottee although acknowledged, was nevertheless cancelled without notice and a re-allotment made---Invalidity of allotment of original allottee with reference to the issues was a question outside the arena of dispute defined by the Trial Court itself in the case---Courts below failed to examine the inconsistency within the impugned order of the Additional Settlement Commissioner before them which having acknowledged the allotment of original allottee proceeded to cancel…

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