JAIMAL SINGH Vs. JASWANT SINGH

JUDGEMENT

(1.) This Regular Second Appeal has been brought against the judgment and decree dated February 3, 1986 passed by Sbri J.D. Kapur, Additional District Judge by which he had allowed the appeal filed by the respondents against the judgment and decree dated February 28, 1985 of Shri Shiv Charan, Sub-judge and bad dismissed the suit brought by the appellant- plaintiff seeking possession of the premises in possession of the respondents.

(2.) The case has a chequered history. Sawan Singh, the Predecessor- in-interest of the respondents, as a displaced person had occupied a room, verandah, kitchen open court-yards and latrine as shown in red colour in Exhibit P-3 in House No. 2669, Gali No. 2, Beadonpura, Karol Bagh, New Delhi and admittedly lived in that portion along with his family members. This house was an evacuee property.. The Plaintiff-Appellant, Jaimal Singh, was also an occupant of a part of the same house as a displaced person. Shri Sawan Singh was admittedly living as a statutory tenant under the Custodian of Evacuee property, Delhi in whose name the said evacuee property vested.

(3.) The property was thereafter acquired by the President under the Displaced Persons (.Compensation & Rehabilitation) Act (hereinafter referred to as "the Act") and it was sold to the Plaintiff-Appellant in public auction and the sale certificate dated November 26, 1962 was issued in favour of the plaintiff-appellant declaring him to be the owner of the said property with effect from February 9, 1961 and a letter of attornment-cum-provisional possession also came to be issued, copies of which are Ext. D.I and Ext. Public Witness 5/1, in favour of the appellant-plaintiff and which also required the occupants including Sawan Singh to attorn in favour of the plaintiff-appellant as a tenant and it was mentioned that the entire arrears of licence-fee/rent due to the Manag- ing Officer be paid within 60 days of the issuance of the said letter if the occupant was to achieve the status of a tenant under the vendee.