NOORMOHMAD HAJI SHAMA Vs. ANAND MOHAN BHARDWAJ

JUDGEMENT

(1.) The applicant is the original plaintiff of Civil Suit No. 214 of 1979 filed against the present opponents Nos. 1 2 & 3 for a declaration that he the applicant is the absolute owner of survey Nos. 54/1 and 54/2 of village Mahobatpara Taluka Vanthali District Junagadh. He contends that the said land originally belonged to one Noormohmed Nagori and be mortgaged the land for Rs. 1 0 on 24/04/1951 with Patel Trikam Arjan for a period of 10 years. The said Noormohmed Nagori expired in Junagadh on 5th June 960 His heirs Sonabai (mother) and Valbai (daughter) thereupon became the tenants in common in respect of the said lands. The present applicant plaintiff purchased the lands from Sonbai and Valbai under registered saledeed dated 28/08/1968 for valuable consideration without notice of claim of any third party. Under the said document he was put in possession of the lands and it is his contention that even today he is in actual possession thereof.

(2.) It appears that in the year 1969 proceedings under the Administration of Evacuee Property Act 1950 were commenced and the aforesaid lands were declared to be the evacuee properties in the said proceedings. These lands were thereafter dealt with under the Displaced Persons (Compensation and Rehabilitation) Act 1954 and the present opponent No. 4 was allotted the lands in question. Thereafter orders were passed in favour of the allottee to put him in actual possession of the lands in question. Thereupon the present applicant filed the suit in question for a declaration that the lands were not evacuee properties and that he was the absolute owner of the said lands under the registered saledeed dated 28/06/1968 and his possession could not be disturbed in pursuance of any order passed under the Displaced Persons (Compensation and Rehabilitation) Act 1954

(3.) The aforesaid suit was filed against the Collector of Junagadh Mamlatdar of Vanthali and the Union of India. In the said suit the present opponent No. 4 Mulchand Khatumal Khimani filed an application under Order 1 Rule 10 Civil Procedure Code read with section 151 of the said Code to be imploded as a co-defendant He alleged that he was the successor of Verumal Tekumal the original allottee in respect of the suit lands. According to him the appeal filed by the applicant plaintiff challenging the proceedings commenced under the Administration of Evacuee Property Act 1950 as well as the Displaced Persons (Compensation and Rehabilitation) Act 1954 was dismissed by the Authorised Chief Settlement Commissioner on 7/06/1968 and a Stand was issued in favour of the allottee on 15-2-79. Accordingly he alleged that he had become the owner of the aforesaid two survey numbers and was entitled to be put in actual possession thereof. He therefore applied to the court alleging that he was vitally interested in the outcome of the suit and as the suit was filed with a view to keeping him but of possession he be joined as co-defendant in the suit to enable him to contest the same on merits.