BHARGAVA & CO. Vs. SHYAM SUNDER SETH

JUDGEMENT

(1.) THIS appeal is sequel to a suit for possession instituted by Shyam Sunder Seth predecessor -in -interest of the respondents in the appeal therein. The suit was decreed by the trial Court. Appeal against the judgment and decree of the trial Court was dismissed by a Division Bench of the Delhi High Court. This appeal by way of special leave is against the judgment of the High Court.

(2.) THE property in dispute was an evacuee property. Late Shyam Sunder Seth purchased the property in an auction sale held on 20.11.1962. He failed to pay the full auction price in accordance with the terms of the sale and as such the Deputy Chief Settlement Commissioner cancelled the sale by his order dated 27.5.1977. Shyam Sunder Seth challenged the order of cancellation by way of a writ petition before the Delhi High Court. A learned Single Judge of the High Court allowed the writ petition by his judgment dated 6.12.1979 and directed as under:

(3.) WE are of the view that the appellants have not made out a case of adverse possession. We find that there is' nothing on record to show any hostility on the part of the appellants against the title of the true owner. Accordingly, we held that the possession of the appellants in respect of the property in suit was not adverse till the sale certificate Ext. PW -l/l dated 31.3.1981 was issued in favour of the respondent." We see no ground to interfere with the above -quoted findings of the High Court and we uphold the same.