- (1.) Leave granted
(2.) The appellant's father Nanu, Rehmatullah and Wazu are brothers. Munshi and Banda were their cousins. Munshi and Banda had migrated to Pakistan and their properties were declared as evacuee properties. By proceedings dated 12/3/1956, the competent authority had passed an order separating the respective shares held by the evacuees, Munshi and Banda as well as the father of the appellant, Rehmatullah and Wazu and allotted specific items to Nanu. At an auction held on 14/4/1967 of the evacueeproperties, the respondent Dr K. L. Anand had become the highest bidder and sale certificates issued on 26/9/1968, are as follows: "Certificate OF SALE (FREEHOLD properties) Rule 90 (15 This is to certify that Shri K. L. Anand, s/o Shri Parshotamdass Anand having given the highest bid of Rs. 4,250. 00 (Rupees Four thousand two hundred and fifty only) at sale bypublic auction held in pursuance of the powers conferred upon me under Section 20 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (44 of 1954 on 14/4/1967 of the property described in the Schedule and his bid having been accepted and the value thereof having been paid by him in cash/by adjustment of compensation due on his and his associate (s) claim (s) has been declared the purchaser of the said property in shares as mentioned below with effect from 14/6/1968. Given under my hand and seal of my office this day of 26/09/1968. Schedule Shares Property Khasrasakni No. 13 Full Village Kalu Sarai, New Delhi. bounded as under: East : Mosque Gali West : House of Shri Rehrnatullah North : Khasra Sakni No. 14 South : Gali Sd/- Signature Designation: Managing Officer/asstt. Custodian, New Delhi. Shri K. L. Anand, s/o Shri Parshotam Dass Anand shop no. l76,vinaynagar, New Delhi. Copies to: 1. Sub-Registrar, Kashmere Gate, Delhi. 2. Assistant Accounts Officer, 3. central Board of Revenues, New Delhi. 4. Municipal Corporation of Delhi. Signature Designation. * * * Certificate OF SALE (FREEHOLD properties) Rule 90 (15 This is to certify that Shri K. L. Anand, s/o Shri Parshotam Dass having given the highest bid of Rs. 6,050. 00 (Rupees Six thousand and fifty only) at sale by public auction held in pursuance of the powers conferred upon me under Section 20 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (44 of 1954 on 14/4/1967 of the property described in the Schedule and his bid having been accepted and the value thereof having been paid by him in cash/by adjustment of compensation due on his and his associate (s) claim (s) has been declared the purchaser of the said property in shares as mentioned below with effect from 14/6/19688. Given under my hand and seal of my office this day of 26/09/1968. Schedule Shares Property Khasra Sakni No. 14 Full Village Kalu Sarai, New Delhi. bounded as under: East : Mosque and Gali West : House of Shri Wazu North : Agricultural land South : Khasrasakni No. 13 Sd/- M. L. Vij Signature 26/9/1968 Designation: Managing Officer/asstt. Custodian, Office of the Regional Settlement Commissioner, New Delhi. To Shri K. L. Anand Shop No. l76,vinaynagar, New Delhi. * * * No. RSCD (MO) /auc/pn/khasrano. 13/kalusarai/ D/5178 Govt. of India, Ministry of Labour, Employment and Rehabilitation, Office of Regional Settlement Commissioner (MW) , Jamnagar House, New Delhi. Corrigendum 25/10/1969 Subject: Regarding Khasra Sakni No. 13, 246 Village Kalu Sarai, New Delhi. In the certificate of sale executed on 26/9/1968 in favour of Shri K. L. Anand, s/o Shri Parshotam Dass in respect of Khasra Sakni No. 13, Village Kalu Sarai, New Delhi, the boundaries may be read as under: East : House of Shri Rehmatullah West : Mosque and Gali North : Khasra Sakni No. 14 South : Gali Given under my hand and seal of my office this day 24/10/1969. Sd/- M. L. Vij Managing Officer/asstt. Custodian To, Shri K. L. Anand, son of Shri Parshotam Dass Shop No. 176, Vinay Nagar, New Delhi. Copy to: Sub-Registrar, Asaf Ali Road, New Delhi. (Managing Officer) * * * No. RSCD/mo (AUC) /pn/kh. No. 14/kalu Sarai/ D/5180 Govt. of India, Ministry of Labour, Employment and Rehabilitation, Office of Regional Settlement Commissioner (MW) , Jamnagar House, New Delhi. Corrigendum 25/10/1969 Subject: Regarding Khasra Sakni No. 14, Village Kalu Sarai, New Delhi. In the certificate of sale executed on 26/9/1968 in favour of Shri K. L. Anand son of Shri Parshotam Das in respect of Khasra Sakni No. 14, Village Kalu Sarai, New Delhi, the boundaries may be read as under: East : House of Shri Wazu West : Mosque and Gali North : Agricultural land South : Khasra Sakni No. 13 Given under my hand and seal of my office this day of 24/10/1969. Sd/- M. L. Vij Managing Officer To, Shri K. L. Anand, Shop No. 176, Vinay Nagar, New Delhi. 247 Copy to: Sub-Registrar, Asafali Road, New Delhi. (Managing Officer) "
(3.) Thus, the properties bearing Khasra Sakni Nos. 13 and 14 were confirmed in favour of the respondent. Rehmatullah and Wazu challenged the said sales in WP No. 960 of 1969 in Delhi High court contending that the properties sold pursuant to the declaration of those properties being evacuee on 6/2/1956 were not, in fact, correct; they had interest in the sold properties and that, therefore, the sale made in favour of the respondent was illegal. The writ petition came to be dismissed by the learned Single Judge which was affirmed by the division bench in LPA No. 95 of 1978 by order dated 14/9/1982. That order had become final. Therein, though Nanu was impleaded as 5th respondent, no relief of any sort was claimed against him nor any finding adverse to him in that behalf was recorded. In the meanwhile, the respondent had filed Suit No. 270 of 1970 in the District court, Delhi, against Rehmatullah and Wazu for possession of the properties bearing Khasra Sakni Nos. 13 and 14 as indicated hereinbefore. Though the suit was dismissed, on appeal in RFA No. 305 of 1986, the division bench of the Delhi High court decreed the suit for possession and the decree had become final;