LAWS(P&H)-1952-4-6

KISHAN CHAND Vs. ASSISTANT CUSTODIAN EVACUEE PROPERTY

Decided On April 24, 1952
KISHAN CHAND Appellant
V/S
ASSISTANT CUSTODIAN EVACUEE PROPERTY Respondents

JUDGEMENT

(1.) On the 6th of February 1947, one Manohar Lal Roshan Lal obtained a money decree for an amount of Rs. 1,160/- and costs against one Abdulla Habibullah in the Court of a Subordinate Judge at Amritsar. In execution of this decree a shop belonging to the judgment-debtor was attached. The dates of the execution application and the order of attachment do not appear. The date of sale appears from the sale certificate to have been the 15th of June 1948. This sale was confirmed by Sundar Lal, Subordinate Judge first class, on the 24th of July 1948. On the 23rd of October 1950, an application was made by the Assistant Custodian of Evacuee Property under Section 17 (2) of the Administration of Evacuee Property Act, Act XXXI of 1950, asking that the sale should be set aside as being a sale of evacuee property. Under the Act the latest date for such application is the 17th of October 1950, namely the last day within six months from the commencement of the Act. It was stated in the application, however, that the Courts were closed on account of holidays on dates intervening between the 17th of October and the 23rd of October 1950, and no dispute on this point has arisen. In the application the following facts relating to the sale sought to be set aside were stated.

(2.) The name of the Judgment-creditor in execution of whose decree the sale was held was given as Mohan Lal Roshan Lal and not Manohar Lal Roshan Lal. The number of the suit in which the decree was passed was not stated. The Court was stated to be that of Mr. Sundar Lal, Sub Judge. The name of the purchaser at the Court auction was not given. What was said was that the auction-purchaser was "according to file". The amount at which the property was purchased was given as Rs. 4150/- which was the amount for which the shop was purchased by the present applicant, The property was described not as a shop but as "a house at Amritsar" without further particulars. The decree in which the property was said to be sold was said to be a decree for Rs. 776/- but the date of the decree was given as the 6th of February 1947 which was the date of the decree obtained by Manohar Lal Roshan Lal. The date of the sale was given as the 30th of May 1948 whereas the actual date of the sale of the shop purchased by the applicant was the 15th of June 1948.

(3.) Following this application, there were several adjournments to enable the Assistant Custodian to give particulars of the file. On the 21st of December 1950, the name of the present applicant was given and he appeared on the 23rd of February 1951 and filed a written statement stating that he had bought no house in execution of a decree of one Mohan Lal, but he gave full details of the purchase of the shop which had been made by him, and he also said that after obtaining possession he had reconstructed the dilapidated premises at a cost to himself of Rs. 4,000/- odd. On the 27th of February 1951, the Assistant Custodian made an application to amend his original application. In this amendment application he said that by a clerical mistake the decreeholder had wrongly been shown as Mohan Lal-Roshan Lal instead of Manohar Lal-Roshan Lal, and he also said that the auction-purchaser had not been shown as he was not known, and the application was filed on the last day of limitation. In the application nothing was said about the identity of the property. On the 4th of March 1951, the present applicant filed objections, the substance of which was that no amendment should be allowed which would have the effect of admitting an application under Section 17 of Act XXXI of 1950 after the period prescribed for filing of such applications had expired.