EARDLEY DUDLEY BAXTER Vs. T L BHAGTIANI

JUDGEMENT

(1.) THIS Petition challenges an order dated the 10th of May 1958 passed by the 1st respondent under Section 19 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954.

(2.) THE Petitioner claims to be an occupant or flat No. 22 in a building known as 'haji Mahomed Court', Clare Road, Byculla, where he alleges he has been residing since 1950. The building 'haji Mahomed Court' was owned by one Haji Mahomed, who was declared an evacuee under the Administration of Evacuee Property Act and thereupon the property became vested in the Custodian of Evacuee Property. On or about the 10th of June 1955 by virtue of a notification issued under Section 12 of the Displaced Persons (Compensation and Rehabilitation) Act of 1954 the property became acquired property whereupon the said property became vested absolutely in the Central Government free from all encumbrances. Thereafter the property was sold by public auction to one Hardasmal Hemrajmal of Bhandara. At the material time however no certificate of sale was issued in favour of the said Hardasmal with the result that there was no transfer of ownership in the property in favour of the auction purchaser and all rights to ownership in that property remained and continued to remain vested in the Central Government. By a letter dated 7th of July 1958 the Regional Settlement Commissioner, Bombay, in fact wrote to the said Hardasmal that although possession of the property had been handed over to him by Government, transfer of possession was on a provisional basis and therefore no sale, mortgage or lease of the property by the auction-purchaser would be permissible until full and final rights of ownership are transferred to him and a certificate of sale is issued in his favour.

(3.) THE case of the petitioner, as set out in the petition, is that flat No. 22 was originally let out by the said evacuee to one Miss B. I. Mullan. Sometime prior to 1947 the said Miss Mullan took one Robert as her sub-tenant. In or about 1949 the said Miss Mullan left the flat whereupon the said Robert sub-let the flat in question to the petitioner ag from the middle of 1950. It is the petitioner's case that since the middle of 1950 he has been residing and occupying this flat. The said Robert died on the 10th of March 1955 as a result of a motor cycle accident and since then the petitioner has been in occupation of the entire flat.