KAMLAKAR B RANE Vs. AUTHORISED CHIEF SETTLEMENT COMMISSIONER

JUDGEMENT

(1.) THE writ petition under Article 226 of the constitution of India is directed against the order in Revision Petition No. 4 of 1980 with misc. Petition No. 1 of 1980 passed by authorised Chief Settlement Commissioner, maharashtra State Bombay (Exh. A), a sale certificate dated 24th March, 1982 issued by the Settlement Commissioner for compensation to properties-cum-custodian of evacuee property Maharashtra State and order in Application No. 1 of 1982 passed by secretary to Government of Maharashtra, revenue and Forest Department dated 15th november, 1985. These proceedings are under Administration of Evacuee Property act, 1950 (for short E. P. Act) and Displaced persons (Compensation and Rehabilitation)Act. 1954 (for short D. P. Act ).

(2.) THE writ petition was directed to be heard along with the First Appeal because the first appeal arises out of a judgment and decree in Special Civil Suit no. 37 of 1980 filed by respondent No. 5 in the Writ Petition against the petitioner and others. That suit is decreed by judgment and order dated 4th February, 1988. Petitioner in the writ petition being original defendant no. 10 in the. special civil suit challenges judgment and decree in the same by which he is directed to deliver vacant and peaceful possession of the portions occupied by (sic)out of the suit properties to the plaintiffs viz. , respondent No. 5 in the writ petition.

(3.) AT the outset, learned Counsel appearing for parties addressed us mainly on the grounds raised in the petition. Although, we were taken through the materials placed before the trial court, it is agreed that the issues arising for consideration in the Writ petition and suit are common. Our order in the writ petition will, therefore, decide the outcome of the first appeal as well.