BISHAN PAUL Vs. MOTHU RAM

JUDGEMENT

(1.) THE following Judgment of the court was delivered by

(2.) IN this appeal by special leave the appellant is the tenant of the respondent and occupies a shop situated on the Grand Trunk Road, Ludhiana. The High court of Punjab by the judgment under appeal, dated 10/04/1961 dismissed a revision petition filed by the appellant against the order of the Appellate Authority confirming the order of eviction passed against the appellant by the Rent Controller, Ludhiana, under S. 13 of the East Punjab Urban Rent Restriction Act, 1949.

(3.) THE property belonged to the compensation pool and was transferred under the provisions of S, 20 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (44 of 1954). THE procedure for sale of property in the compensation pool is laid down in Ch. XIV of the Displaced Persons (Compensation and Rehabilitation) Rules, 1955. THE Ch. is self-contained and deals with the mode of sale of properly; persons who may bid at sales; persons not eligible to purchase; the procedure for sale of property by auction; and the procedure for setting aside the sale. Unfortunately, the Rules do not indicate clearly the point of time from which the title of the auction-purchaser is to commence as is done by S. 65 of the Code of Civil Procedure. Neither side claims to apply the provisions of the Transfer of Property Act and the case was argued on the basis of the Rules to determine the time from which title can be said to commence. Before we consider the argument and also refer to certain rulings in which these Rules have been considered, we may set out the material rules here: