MANEK SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) In this Letters Patent Appeal the challenge is to the correctness of the judgment of the learned single Judge of this Court who had dismissed the appellants' writ petition and had upheld the order of the Appellate Officer passed under the Evacuee Interest (Separation) Act, 1951.

(2.) The dispute in this case relates to three Thallas i.e. open platforms, in front of shops situated in Katra Allaha Dia, Delhi. Appellants Nos. I to 9 are purchasers of the interests of the non-evacuee co-sharers (appellant Nos. 10 to 14) in the shops behind the Thallas in dispute. Some of the co-sharers of the said shops were evacuees and by an adjudication order dated 22nd August, 1962 the share of the non-evacuee claimants was determined at 19/40th and of the evacuee in the Custodian at 21/40.

(3.) The interest of the evacuee and the non-evacuee co-sharers had to be separated. Section 10 of the said Act prescribes the procedure for separating the said interest. It, inter alia, provides for the transfer of the property to the claimant or its sale and distribution of the sale proceeds between the different sharers. Detailed mode of separating the interest is provided by Rule 11-B. The relevant portion of the said Rule reads as follows :-