UNION OF INDIA Vs. RALLIA RAM

JUDGEMENT

(1.) The property in dispute situated in Gali Pardewali, Nawabganj Delhi, was an evacuee property. Later on it was acquired by the Central Government under s. 12 of the Displaced Persons (Compensation & Rehabilitation) Act, 1954 This property was allotted to displaced persons. On the first floor Pallia Ram, respondent No. 1, with his family was residing. On the ground floor one Sarab Dayal was in occupation. He is now depd. He is succeeded by his widow Smt. Ram Piari and his children. They are appellants in L.P.A. 105 of 1976.

(2.) The Rehabilitation authorities ordered the sale of the property. Oil 20th November, 1955 the property was auctioned for the first time. Railk Ram gave a bid of Rs. 21,300. His bid was accepted, He paid 10 per cent of this amount, namely Rs. 2130 at the fall of the hammer. But the remainder of the price he did not pay. As a consequence bis initial payment of 10 per cent was forfeited and the sale was cancelled.

(3.) A second time the auction was held on' 11th August, 1961. There was publication of the intended sale. 20 or 25 persons were present at the auction. Rallia Ram was present. He gave a bid for Rs. 11,050. His bid was the highest. He paid 10 per cent of the sale price. His bid was accepted. He was required to pay the balance of the purchase price. Sarab Dayal, the other occupant, was not present at the auction sale.