MANI LAL Vs. NAND LAL

JUDGEMENT

(1.) Nand Lal, respondent in SAO 175-D and SAO 176-D of 1966 and appellant in SAO 211-D of 1966, is the owner of house No. 5457 situated in Basti Harpool Singh, Delhi, having two flats on the ground floor and two on the first. There is also a garage and some 'kothas' attached to the house. This property previously vested in the Custodian of Evacuee property and was in the occupation of tenants since about the year 1948 or so.

(2.) Before the Partition of the country in 1947, Nandlal was a resident of Okara in the district Montgommery now a part of West Pakistan. He used to have interest in three factories there and was carrying on commission agency business. He was an income-tax assessee. As a result of the Partition he had to migrate to India and stayed at different places like Dehra Dun and Mogul Sarai, and ultimately came to Delhi to earn his living. One or the other of his sons was helping him in his business. He started living with certain members of his family including his children and grand children, as a tenant in two rooms in Shakti Nagar on a rent of Rs. 50 per month.

(3.) It was in 1955, that Nandlal purchased the property in dispute for a sum of Rs. 42,000 from the Custodian of Evacuee Property in an auction; and was delivered provisional possession thereof with effect from February 5, 1957 from which date the sale was made effective. The four flats in the main building were in the occupation of tenants under the Custodian, at a rental of Rs. 17.14 per month each. One of the flats on the first floor, however was vacated soon after Nandlal purchased the property, and he immediately occupied the same along with his family members. Suraj Prakash, one of his sons, along his wife and children started living in the said first floor flat, with his father; while Mulkh Raj, the other son with his wife and four children occupied the garage having a low ceiling, which was attached to the said building. The other flat on the first floor was occupied by Kedar Nath, who is respondent in SAO 211-D of 1966. On the ground floor flat immediately below him was Narinder Singh, the appellant in SAO 176-D of 1966, while the other flat was occupied by Muni Lal, appellant in SAO 175-D of 1966.