KANWAR BHAN Vs. SOMAWANTI

JUDGEMENT

(1.) This is a defendant's second appeal against a decree passed against him for possession in favour of the plaintiff-respondent by the Trial Court and confirmed by the first appellate Court.

(2.) The property in dispute is Shop No. XII 3911, which is a part of a bigger property, which was a composite property within the meaning of Section 2(d) of the Evacuee Interest (separation) Act, 1951, meaning that a part of the property had been declared to be evacuee property. Under Section 11 of the Evacuee Interest (Separation) Act, 1951, the whole of the property or as the case may be, the evacuee interest in the property vested in the Custodian and the Custodian was entitled to manage the same, under Section 10 of the Administration of Evacuee Property Act, 1950. It is well knowal Chand and 15 others had applied in May, 1958 for the transfer of property to them claiming to be thsitting allottees, and the sale of the property was stayed on 10-6-1958. On 3-7-1958, the Custodian filed his reply stating that only 12 persons out of 17 occupants were sitting allottees. These 12 sitting allottees chose to purchase the entire property, including those portions which were in the occupation of unauthorised occupants. One of the unauthorised occupants was the appellant, Kanwar Bhan. He was heard during the enquiry and it was found that the order transferring the composite property to the sitting allottees was passed on 3-6-1958, while the first receipt produced by Kanwar Bhan for rent paid to the Custodian for the shop in his possession was dated 25-9-1958. Kanwar Bhan was not, therefore, accepted as even an occupant of the property, not to speak of being a sitting allottee.

(3.) Exhibit PI is an order passed by the Assistant Custodian on 21-10-1963, stating that cm 16-5-1958 the then Assistant Custodian, Shri R.K. Kaira, has declared Kanwar Bhan and two others as unauthorised occupants. Their later prayer for the regularisation of their occupation was also dismissed.