BAL KISHEN DAS Vs. SEWA NAND

JUDGEMENT

(1.) The appellants in the Letters Patent Appeal along with one Shri Bir Sain Jain were the non-evacuee co-owners having 2/ 3rd share in house property No. VJI/3033/5998-5610(New), G.B. Road, Delhi. The balance 1/3rd share of the said property was declared evacuee property and the property became "composite property" within the meaning of clause (d) of Section 2 of the Evacuee Interest (Separation) Act, 64 of 1951 (hereinafter called 'the Act').

(2.) . Steps were taken to separate the evacuee interest and the appellants along with Shri Bir Sain Jain filed claims before the Competent Officer claiming their respective shares in the property. The valuation report received' by the Competent Officer fixed the value of the property at Rs. 44,160.00 . The claimants took time to file objections to the valuation report. Despite a number of opportunities having been granted, no objections were filed with the result that the Competent Officer by his order dated 5.5.1970 adopted - the price of Rs. 44,160.00 as the assessed price having come to the conclusion that the claimants had no objections to file. It appears from the record that on 5th Maz, 1970 itself Shri K.K. Mittal, counsel for appellants Nos. 14 to 29 and Shri Bir Sain Jain made a prayer that the property be partitioned. The Competent Officer directed the appellants to file a partition scheme within 15 days but the same was not filed. On 7th July, 1970 the Competent Officer noted that no partition scheme had been filed in spite of several opportunities having been granted and he, accordingly, ordered that the property be sold by auction.

(3.) . The property was auctioned on 7th November, 1970 and one Sewa Nand (respondent No. 1 ) gave his highest bid of Rs. 44,000.00 . Before the bid could be confirmed, appellants 1 to 13 on 13th November, 1970 filed an application for the purchase of the said property and also another property No. Ill-1884-B/3924-45 (New) situate on G. B. Road, Delhi, (Old). On the same day, they also filed a revision petition against the order of sale dated 7th July, 1970. The said revision petition, No. 128 of 1970, which had been signed by appellant No. 18 only, was allowed on 16th December, 1970 against which order a review application was filed by Sewa Nand and the same was allowed on 19th August 1971 on the ground that the order dated 19.12.70 had been passed ex-parte. The said revision was then heard in presence of both the parties and was dismissed on the ground that the said petition had been signed by only one of the claimants i.e. K.G. Jain, and not by all of them.