Baharul Islam, J. - (1.) The above appeals arise out of land acquisition proceeding and involve similar questions of fact and the same question of law. This common judgment, therefore, will dispose of all the three appeals. It will be sufficient, if we refer to the material facts of the Civil Appeal No. 2085 of 1978 only.
(2.) The land involved belonged to one Imam Khan as an occupancy tenant. Before the partition of India, he migrated to Pakistan, whereafter his rights in the lands were declared evacuee property. Subsequently, in pursuance of a notification issued under Section 12 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954, the Central Government acquired the lessee rights. As a result of the notification, these rights vested in the Central Government free from all encumbrances. The Central Government thereafter sold these rights by auctions in August/September, 1962. The first respondent purchased a plot of land for a sum of Rs. 21,700. He deposited the entire amount with the Managing Officer. Evacuee Property, Agra. A Sale Certificate was issued to him on September 12, 1962.
(3.) It appears that one Ramlal Lamba was in the possession of the land in question. He was asked by the Managing Officer, Evacuee Property, to vacate the land, and deliver possession to the first respondent. Instead of delivering possession of the land to the first respondent Lamba, filed a writ petition under Article 226 of the Constitution in the Punjab High Court at Delhi. The writ petition was dismissed on 4-12-1969. He then filed an appeal which was also dismissed on 2-2-1970. He then filed a suit in the Court of the Munsiff, Agra, for restraining the Managing Officer, Evacuee Property, from interfering in his possession. Thus the first respondent could not get possession of the land.;