THAKAR DAS LABHU RAM AND ANR. Vs. EVACUEE PROPERTY AND ANR.

JUDGEMENT

(1.) THIS is a Letters Patent Appeal against the judgment of Harnam Singh J., affirming an order passed by the Additional Custodian affirming a lease in favour of Govind Ram Jaggi and cancelling the order of allotment passed in favour of Firm Thakar Dass Piyare Lall.

(2.) ON 10 -9 -1947, Mohammad Nawab, Proprietor of Messrs. Ahmed Bux and Sons, granted a lease for eleven months from 10 -9 -1047 to 10 -8 -1948, of the premises in dispute, Nos. 5565 and 5565/1, situate in Sadar Bazar, Ambala Cantonment, consisting of a house and shop, to Govind Ram Jaggi, who on 10 -2 -1948, applied for confirmation of the lease. On 15 -11 -1948, by an order purporting to have been passed by the Financial Commissioner Mr. Thapar, the property in dispute was allotted to firm Thakar Dass Piyare Lal. The order was signed by one Mr. Balwant Singh, Under -Secretary to Government, and says that the Financial Commissioner has allotted the whole of the premises (now) in dispute to Messrs. Thakar Dass Piyaro Lal, who were already in possession of No. 5565.

(3.) THE first point taken by the learned advocate for the Appellant is that the finding of the learned Judge that he had no right of appeal is erroneous. His submission is that as a consequence of the confirmation of the lease he would be losing the rights that he has got under the allotment, which is thereby being cancelled, and he contended that he as a person aggrieved within the meaning of the term as used in Section 30 of Ordinaries -IX [9] of 1949. Relying on Ex parte Sidebotham, (1880) 14 Ch. D. 458 : (49 L.J. Bk. 41), and other rulings the learned Judge has held that ho was not a person aggrieved. James L.J. has in that case observed: