VISHWAMITRA Vs. NAME ALI

JUDGEMENT

(1.) THIS revision is directed against the orders dated 10.9.96 and 12.9.96 passed by the trial Court in Civil Suit No. 283 -A/95.

(2.) THE non -applicants No. 1 to 3 had filed Civil Suit No. 283 - A/95 against the applicant and the non -applicants No. 4 to 8 for declaration that they were owners of the suit property and for permanent injunction restraining the non -applicants Nos. 4 to 8 from passing any further orders in respect of the suit property. Another prayer for declaration was made to the effect that the suit property is not evacucee property. The non -applicants Nos. 1 to 3 further prayed that the sale -deed dated 29.7.91 executed by the non -applicant No. 7 in favor of the applicant is liable to be declared as illegal and void.

(3.) AS the proceeding of sale in favor of the applicant, presumably under Displaced Persons (Rehabilitation and Compensation) Act, 1954.(henceforth, 'the Act of 1954'), contended in the paint. the non -applicants No. 1 to 3 did not receive notice of the application filed by the applicant for setting the property with him. The only notice that was received by them was on 28.8.89, which was served by the non -applicant No. 6, to which a detailed reply was given showing that the suit property could not be held to be an evacuee property. Thereafter, an objection too was filed on 13.9.90 on behalf of the non -applicants No. 1 to 3. The non applicant No. 5, however, passed a superficial order dated 27.7.91. Thereafter, the sale -deed in favor of the applicant was executed.