SUMAN JAIN Vs. CHELMSFORD CLUB LTD & ORS

JUDGEMENT

(1.) The petitioner has filed the present petitions impugning separate orders passed by the Appellate Officer (hereafter "the Appellate Authority") under the Evacuee Interest (Separation) Act, 1951 (hereafter referred to as "Evacuee Separation Act"). The orders impugned herein rest on the decision of the Appellate Authority to set aside the order dated 19.11.2011 passed by the Court of Senior Civil Judge cum Competent Officer (hereafter "the Competent Authority") under the Evacuee Separation Act, in Case No.01/2011.

(2.) By the aforesaid order dated 19.11.2011, the Competent Authority had passed a decree in favour of the petitioner (Suman Jain) assessing her interest/share in the immovable property to be 31 bighas 15 biswas. He also decreed separation of the said interest. In addition, the Competent Authority had passed a further decree of possession in favour of the petitioner to the extent of 31 bigha 5 biswas out of the land comprised in Khasra no.355 (4-16), 358 (5- 05), 354 (4-16), 356(5-03), 357 (8-19) and 361 (4-16) in Village Gadaipur, Mehrauli, Delhi. The petitioner was also directed to handover possession of 2 bighas 10 biswas from the land comprised in Khasra No.361 (4-16) in Village Gadaipur to Custodian of the Evacuee Property (Government of NCT of Delhi).

(3.) The aforesaid order dated 19.11.2011 was challenged by the Chelmsford Club Ltd. (hereafter "Chelmsford") before the Appellate Authority by filing an appeal (RCA No.60933/2016) under Section 14 of the Evacuee Separation Act, which was allowed by an order dated 08.11.2016. By the said order dated 08.11.2016, the order dated 19.11.2011 passed by the Competent Authority was set aside and the matter was remanded to the Competent Authority to consider afresh. The said order dated 08.11.2016 passed by the Appellate Authority is impugned by the petitioner in W.P.(C) 1212/2017.