NOORDUDDIN Vs. K L ANAND

JUDGEMENT

(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:

(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