DIAL CHAND AND ORS. Vs. HARI CHAND

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 16th May, 1977 of the, appellate authority under the East Punjab Urban Rent Restrictions Act, 1949, hereinafter referred to as the Act, whereby it accepted the, appeal of the tenant -Respondent (hereinafter referred to as the 'tenant') and set aside the order of ejectment passed by the Rent Controller.

(2.) THE landlord -Petitioners (hereinafter referred to as the 'landlord') had purchased in an auction held on 17th January, 1956 properties Nos. 109 to 122, which were evacuee properties and formed part of the compensation pool, being administered by the Rehabilitation Department in accordance with the provisions of the Displaced Persons (Compensation and Rehabilitation) Act, 1954. hereinafter referred to as the 'Rehabilitation Act' and the rules framed thereunder and a sale certificate had been issued in their favour on 9th January, 1963, Exhibit P.W. 4/1. Later on, a corrigendum, Exhibit P.W. 4/2, was issued by said Department stating that, property sold to the landlords in the said auction included property No. 108 as well. In the meantime, the tenant is said to have purchased property No. 108 from the Rehabilitation Department and conveyance deed was issued in his favour on 31st December, 1962, Thereafter, the landlords made a representation that property bearing No. 108 was, in fact, a part and parcel of the property purchased by them in auction on 17th January, 1956. On this representation, Shri P.N. Bhanot, Settlement Commissioner with delegated powers of the Chief Settlement Commissioner, - -vide his order dated 4th February, 1963, Exhibit PW4/3, held that the property bearing No. 108 was included in the area of properties Nos. 109 to 122, which. had been purchased in auction from the competent officer by the representationists (that is, the landlords). He ordered that the area of property No. 108 be included in the area of properties Nos. 109 to 122 purchased by the said representationists (that is, the landlords) Shri O.N. Vohra, Settlement Commissioner with the delegated powers of the Chief Settlement Commissioner, by his order dated 5th January, 1965, Exhibit PW4/4, took action under Section 24 of the Rehabilitation Act and accepted a reference made by the Department and set aside the sale as well as deed of conveyance issued in favour of the tenant regarding property No. 108 after complying with the requisite formalities of issuing a notice and of reasonable opportunity of being heard.

(3.) THE tenant disputed the relationship of landlord and tenant by setting up his own ownership to House No. 108 situated in Mohalla Dogran, Block No. 18, Hissar, which is in dispute.