HASINA KHATOON Vs. COMPETENT OFFICER DELHI

JUDGEMENT

(1.) THE application has been filed praying for exemption from substituting the legal representatives of respondent No. 12 as the legal representatives are already on record and have been transposed as the appellants. The application is accordingly allowed. LPA No. 370/2006

(2.) THE separation of interest of evacuees and non-evacuees was not found feasible and thus the property was put to sale in terms of Section 10 (a) (iii) of the Separation Act providing for sale of such property and distribution of sale proceeds between the custodian and the claimants in proportion to their respective shares. The public auctions proved fruitless on two occasions but finally in the third auction held on 10. 2. 1960 respondent No. 4 was the highest bidder. This sale was objected to by one Shri Abdul Majid who claimed that he was willing to pay a higher price and made a request to the Competent Officer, which request was accepted by the Competent Officer. The appeal filed by respondent No. 4 was rejected on 21. 6. 1962. Respondent No. 4 consequently challenged the proceedings in a writ petition which was disposed of on 29. 3. 1965 with the direction that if the said respondent No. 4 deposited a sum of rs. 5,000. 00 as security for the initial bid of Rs. 24,000. 00 within a month, the property would be re-auctioned by bids.

(3.) THE matter dragged on for a number of years till finally on 13. 12. 1978 the competent Officer issued a Sale Certificate qua the entire property in favour of respondent No. 4 as the highest bidder. It may be noticed that Smt. Hasina khatoon, the appellant herein was aggrieved by the actions of the Competent officer as she wanted to deposit some amounts and claim rights but the writ petition filed by her, being CWP No. 449/1967 was dismissed for non-prosecution on 20. 1. 1975 and the efforts to restore the same proved to be unsuccessful.