LABH SINGH Vs. CHUNI LAL

JUDGEMENT

(1.) One evacuee house in Amritsar was allotted partly to Labh Singh which portion was numbered as 3366/1 and the remaining portion was allotted to Chuni Lal which was numbered as 3365/1. On 31st July, 1959, portion No. 3366/1 was transferred to Chuni Lal on execution of a sanad by the Rehabilitation Department in his favour. Thereafter, Labh Singh applied to the District Rent and Managing Officer to cancel the sanad executed in favour of Chuni Lal on the ground that the entire property was one and since he was in possession of a larger share, he was entitled to the transfer of the entire house including property bearing No. 3365/1. The District Rent and Managing Officer directed Chuni Lal not to further transfer property No. 3365/1 as the matter of cancellation of transfer in his favour was under consideration. Ultimately, by order dated 2nd January, 1961, copy of which has been placed as Exhibit P.W. 1/2 and also exhibited as P.7. the District Rent and Managing Officer cancelled the transfer-deed (sanad dated 31th July, 1959) executed in favour of Chuni Lal. Thereafter, by order dated 28th February, 1961, property No. 3365/1 as also property No. 3366/1 were transferred in favour of Labh Singh by the District Rent and Managing Officer. On 13th October, 1961, Chuni Lal was directed by the Rehabilitation Department to attorn to Labh Singh.

(2.) On 18th March, 1961, Chuni Lal entered into an agreement of sale of property No. 3365/1 with Shambu Nath on a consideration of Rs. 1,700/- and ultimately on 30th March, 1961, Chuni Lal executed a sale-deed in favour of Shambu Nath on a consideration of Rs. 1,000/- only.

(3.) Labh Singh on 6th February, 1962, filed a suit for ejectment from property No. 3365/1 and impleaded Chuni Lal as the defendant. The plaintiff's claim was on the basis of transfer-deed dated 28th February, 1961, executed in his favour. The defendant denied the validity of the transfer-deed dated 28th February, 1961, as also the cancellation order dated 2nd January, 1961, on the ground that the District Rent and Managing Officer had no authority to cancel the transfer deed (sanad which had been executed in favour of the defendant). The trial Court by order dated 11th August, 1962, dismissed the suit after recording a finding that the District Rent and Managing Officer had no power to cancel the transfer made in favour of the defendant. Labh Singh filed an appeal. While the appeal was pending, a decision of this Court was rendered in which it was held that a tenant of the Rehabilitation Department becomes tenant of the transferee and that such a person can be ejected not by a Civil suit but under the Rent Control legislation. In view of the aforesaid decision, the appeal was got dismissed as withdrawn by order dated 24th October, 1962. It would be worthwhile to notice that when the suit was pending in the trial Court, Shambu Nath made an application for being impleaded as a defendant by stating that he had purchased the property from Chuni Lal and, therefore, he was a necessary party, as in case the suit is decreed, he alone would suffer therefrom. The application was opposed by Labh Singh and was ultimately dismissed.