RAUNAQ RAJ AND ANOTHER Vs. APPELLATE OFFICER

JUDGEMENT

(1.) The petitioners are the auction-purchasers of land measuring 983 square yards out of Khasra Nos.173, 174 and 175 of Sadhora Kalan, Subzi Mandi, Delhi and in this writ petition are seeking to challenge the order of the Rehabilitation Authorities whereby the said sale in their favour has been set aside.

(2.) The aforesaid property was held by the Custodian of Evacuee Properties, under the provisions of Administration of Evacuee Property Act, 1950, as an evacuee property. Subsequently respondent No. 4. Aftab Ahmed Multani, claimed that he had 1/6th share in the said property and that share was not an evacuee property. The Custodian accepted this plea. He held that 1/6th share of the aforesaid land, on which land superstructure had been constructed, was not an evacuee property and the remaining 5/6th share, however, belonged to the Custodian as evacuee property.

(3.) The said composite property, in which there were evacuee and nonevacuee interests, had to be dealt with, for the purposes of separation of the said interests, under the provisions of the Evacuee Interest (Separation) Act, 1951 (hereinafter referred to as 'the said Act'). The Competent Officer by his order dated 22nd June, 1966, on information having been received from the Custodian of Evacuee Property, also held that respondent No. 4 had 1/6th share in the property. Steps were thereafter taken for the separation of the evacuee interest.