RAM PIARI WIDOW OF SARAB DAYAL Vs. KALLIA RAM
LAWS(SC)-1982-8-11
SUPREME COURT OF INDIA (FROM: DELHI)
Decided on August 03,1982

RAM PIARI Appellant
VERSUS
KALLIA RAM (SON OF SANT RAM) Respondents

JUDGEMENT

Pathak, J. - (1.) We have heard learned counsel for the parties at length or, this petition for special leave to appeal. The petitioners are aggrieved by the judgment dated August 7. 1980 of a Division Bench of the Delhi High Court affirming the judgment of a learned single Judge of that Court allowing a writ petition filed by the respondent Rallia Ram.
(2.) The subject of dispute is a residential evacuee property. Sarab Dayal through whom the petitioners claim occupied the ground floor and the respondent, Rallia Ram occupied the first floor. The Rehabilitation Authorities ordered the sale of the property, and the auction for sale, with which we are concerned, was held on August, 11, 1961. Rallia Ram's bid of Rs. 11,050 was accepted.
(3.) On September 8, 1961, Sarab Dayal filed an objection to the sale, in which he pleaded, inter alia, that he had been prevented from participating in the auction for want of notice. The proceedings took a protracted course, there being appeals followed by orders of remand and ultimately the sale in favour of Rallia Ram was set aside, the order being confirmed by the Joint Chief Settlement Commissioner in appeal. Rallia Ram applied in revision thereafter and the revision petition was dismissed on May 11, 1967 by the Joint Chief Settlement Commissioner.;


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