Harbans Singh, C.J. - (1.) Leaving out the details which are not necessary for the decision of this revision under sub-section (5) of section 15 of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as the Act), it may be stated that there is an evacuee house, part of which was occupied by and was allotted to the present petitioner, Sardara Singh. The other part of the house was allotted to Shrimati Parvati's husband, Arjan Singh, who is now dead.
(2.) By an order passed in the year 1958 the portion which was in possession of Sardara Singh, was transferred to him by the Rehabilitation authorities and the sale was to take effect from 1st Oct., 1955. Ultimately, the Rehabilitation authorities cancelled this sale. The result thereof was that Sardara Singh was no longer the owner of the portion originally allotted and transferred to him. Prior to this transfer, it is the common case between the parties that Sardara Singh was in lawful possession of the portion which was in his occupation, because he had been allotted the same by the Custodian. The evidence on the record is that Rs. 3.50 Paise per mensem were being paid as rent to the Custodian by Sardara Singh for the portion in his possession.
(3.) On 1st Jan., 1968, the Managing Officer transferred the entire house in question, including the portion that was under the occupation of Sardara Singh to Arjan Singh. This transfer was to take effect from lst Oct., 1955. This date is mentioned at the top of the conveyance deed Exhibit P. 1, which is on the record. Exhibit P. 2. is a rough estimate made by the Valuation Officer in which the portion in possession of Sardara Singh was valued at Rs. 2,189 and the portion in possession of Arjan Singh was valued at Rs. 3,031, the total value of the entire house being Rs. 5, 220, for which the conveyance deed Exhibit P.1 was executed.;