DEPTYLAL LESSEE CORONATION TALKIES OOTACAMUND Vs. COLLECTOR OF NILGIRIS AS THE MANAGING OFFICER UNDER ACT XLIV OF

JUDGEMENT

(1.) THIS is a petition for the issue of an appropriate writ to quash the order of the collector of Nilgiris directing the eviction of the petitioner from certain premises in ootacarnund.

(2.) THE property described in the proceedings as Coronation Talkies belonged to an evacuee who has gone away to Pakistan. This property includes a cinema theatre, three residential rooms and an office. In exercise of the powers conferred on them under Central Act 44 of 1954, the officers concerned gave a lease of this portion to the petitioner in 1951 for a period of two years. The lease was renewed from time to time till 1955. In June 1955, the Regional Settlement Commissioner invited tenders for the sale of the property. He also ordered the eviction of the petitioner. Against the order of eviction the petitioner appealed to the Chief Settlement commissioner, New Delhi. That Officer heard the petitioner and his counsel and on 1-8-1957 passed an order dismissing his appeal.

(3.) ON 30-9-1957 the property was sold in auction to another evacuee for a sum of rs. 1,42,000. The purchaser was permitted to set off a sum of Rs. 1,19,606, which was admissible to him in respect of certain claims which he had. For the payment of the balance of Rs. 22,394 he was given 15 days' time counting from 17-101957.