YAMIN Vs. MOHAMMAD SHAFIQ

JUDGEMENT

(1.) an evacuee property was sold by public auction on 14-3-1959 by the managing officer under Section 20{1) (a) of the displaced persons (compensation & rehabilitation) act, 1954 (hereinafter referred to as the act of 1954) in favour of the plaintiff. Subsequently the plaintiff was declared a purchaser w.e.f. 1 -2-1960 and a sale certificate dated 20-9-1968 was issued in favour of the plaintiff.

(2.) the plaintiff filed the suit alleging that he is the owner and in possession of the property in question and that he had purchased the property from the managing officer under the act of 1954. The plaintiff further alleged that the defendants are illegally trying to take possession of the open land, being used as a sahan, in front of his house, which belongs to him under the sale certificate. The plaintiff prayed that a perpetual injunction be granted restraining the defendant from taking possession of the land and in the alternative grant possession to the plaintiff if found to be out of possession with regard to the land in question.

(3.) the defendant on the other hand contended that the plaintiff or the custodian were never owners of the property in question nor were they ever in possession of it and that the defendant was the owner of the property in question by virtue of a sale deed dated 24-7-1968 executed by one Sri Aijaz Ahmad in favour of the defendant.