INDRA SHARMA Vs. GOPAL DASS

JUDGEMENT

(1.) An interesting point has arisen in this case pertaining to evacuee propel ty. The question posed is as to the scope and effect of an earlier date of transfer specified in the deed of conveyance, than its date of execution. For on the result of this query, would depend who is the tenant of the transferee.

(2.) These are the brief facts. Sohan Lal was the tenant of the Custodian of Evacuee Property. The tenancy pertained to the ground floor of premises No. IV/382 (New), Mehrauli, New Delhi. Gopal Dass resided on the first floor of the said premises. He was the claimant and purchased the entire abovementioned property.

(3.) The deed. of conveyance, in respect of the said free hold property was executed on 17th April, 1968 between the Vendor. President of India, and the Purchaser Gopal Dass. However, as indicated therein, the said property was transferred to Gopal Dass, respondent No. 1 with effect from 1st October, 1955. The deed of conveyance was in the form specified in Appendix XXIV as required by Rule 33 of the Displaced Persons (Compensation and Rehabilitation) allies, 1955.