RAJENDRA PRAKASH SHARMA Vs. GYAN CHANDRA

JUDGEMENT

(1.) This appeal by special leave is directed against a judgment, dated August 23, 1978, whereby a learned single Judge of the Allahabad High Court dismissed the appeal of the appellant herein. It arises out of these circumstances.

(2.) The plaintiff, Dr. Rajendra Prakash Sharma, is the appellant before us. He filed a suit in the court of Civil Judge, Bulandshahr, alleging that the house in dispute was owned by one Qazi Abdul Rashid, son of Qazi abdul Razak. Qazi Abdul Rashid had let out this house to Dr. Bhu Deo Sharma, father of the appellant, who was paying rent for the same to Qazi Abdul Rashid. He further alleged that the said Abdul Rashid had migrated to Pakistan and the house in dispute was declared evacuee property under the then existing law. Later on, it was put to auction on January 29, 1969 under Section 20 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954, and was purchased by the plaintiff for a consideration of Rs. 1,000 and the appellant was declared purchaser of this property with effect from April 1, 1969. Sale Certificate, dated March 19, 1969, was also issued in his favour.

(3.) He further pleaded that the defendants-respondents had also filed Suit No. 67 of 1970 for ejectment and arrears of rent against the appellant's father, Bhu Deo Sharma. The suit was decreed on May 10, 1971, and that in pursuance of that decree they were trying to dispossess the plaintiff-appellant. He further stated that since he was not impleaded in the ejectment suit, he was not bound by that decree. On these facts, the plaintiff-appellant claimed a declaration of his title to the property in question, and further prayed for a perpetual injunction restraining the defendants from dispossessing him in execution of the said decree obtained by the defendants in Suit No. 67 of 1970.