GOBIND RAM MATTA Vs. RAMESH LATA CHAUDHARY

JUDGEMENT

(1.) This judgment shall dispose of two R.S.A. No. 18/77 and R.S.A. No. 156/77. The proceedings in both these cases were consolidated in Trial Court. Counsel for the parties concede that apart from the different documents showing the receipts of rents and transfers by the Custodian Department, points of law arising in both the cases are common. It is also conceded by Mr. Bhatia and Mr. B.I. Singh, consel for the appellants and Mr. Rameshwar Dial, counsel for the respondent in both the appeals that judgement given in R.S.A. 18/77 in which the main arguments were addressed would determine the result in the other appeal.

(2.) The respondent/plaintiff filed a suit in which she claimed that the portiKon of the property were occupied by the appellant unauthorisedly and, therefore, claimed possession of it and damages for use. Admittedly, the property (including suit premises) was originally an evacuee property. In the first instance, this property was transferred by the Central Government in the name of Manak Chand Bhola and his associates. Respondent/plaintiff purchased the shares of the associates of Manak Chand Bhola and thereafter by partition the premises in dispute fell to the share of respondent.

(3.) The plea of the defendant/appellant was that he was in lawful occupation of the same, being the allotee frothe Custodian and that he was protected under Section 29 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954. This plea has not found favour with both the Courts below, who decreed the suit in favour of the plaintiff. Aggrieved by that the defendant appellant has come up to this Court in appeal.