SEWA NAND Vs. APPELLATE OFFICER

JUDGEMENT

(1.) House property bearing municipal No. VII/3033/5598-5610, G B. Road, Delhi was acomposite evacuee property in which one-third share was vested in the Custodian Evacuee property and two-thirds share in the various nonevacuee co-owners. Under section 10 of the Evacuee Interest (Separation) Act, 1951, the separation of the interest of evacuees from those of claimants in composite properly, namely, the co-owners of the twothirds share in the property, could be made in four different ways, namely:-

(2.) The auction purchaser petitioner has challenged this order of 20th October, 1971 of the Appellate Officer setting aside the order for sale dated 7th July, 1970.

(3.) The decision of the case turns on the proper construction of rule 11B(b) clauses (i) and (iii) but the whole of rule 11B(b) including clause (ii) is reproduced below so that its meaning be properly understood :