GOPAL DAS JAI SINGHMAL Vs. APPELLATE OFFICER

JUDGEMENT

(1.) This is a Writ Petition under Article 226 of the Constitution to quash the order dated' 18.5.1967 (copy of which is Annexure A), passed by the Appellate Officer Delhi dismissing the appeal of the petitioners preferred against the order of the Competent Officer dated 27.3.195T ordering the transfer of property to Respondents 2 to 5 and for some other consequential directions. Only a few facts leading to this- Writ Petition may be briefly noticed.

(2.) The property bearing No. EP/AI, situated in Porbandar (Saurashtra), was owned by Habib Shakoor (evacuee) who during his life time and before he became an evacuee had mortgaged the same in favour of Kanji Morarji. Jadavji Morarji by registered deed dated 10-11-1945 for Rs. 8,000.00 with interest at 15%. per annum. After the partition of the country the property was declared as evacuee property. Jadavji Morarji, one cf the mortgagees, died" and he was survived by his son Amrit Lal and widow Radhabai (Respondents No. 3 and 5,. respectively). Thakur Kanji Morarji and the heirs of Jadavji Morarji put in a claim before the Competent Officer, Saurashtra stating that they were mortgagees of the composite property mentioned above and claimed the amount due to them as per the mortgage deed. The Competent Officer, Rajkot by his order dated 27.3.1955' upheld the claim of the mortgagees and decreed it in the sum of Rs. 9942/14.00 by calculating interest at 5% per annum; he further directed' that the property should be auctioned to meet. the claim of the mortgagees. But this direction concerning the auction was not given effect to as it is now explained by the respondents that; there had been no agency for selling the property at Rajkot after the previous agency to sell? had ceased to function.

(3.) The respondents/mortgagees put in and application for transfer of the composite property (hypotheca) to them in satisfaction of their mortgage claims which was accordingly- ordered on 27-3-1957 by the Competent Officer a deed of trjansfer was also issued in their favour on 22-4-1957 by the Competent Officer.