HARBANS SINGH Vs. SOHAN SINGH AND ANOTHER

JUDGEMENT

(1.) THIS is a petition for revision at the instance of the landlord directed against the appellate judgment of the learned Senior Subordinate Judge reversing the order of the ejectment passed against the tenants.

(2.) THE suit premises consist of a residential house in Pahar Ganj which at one time was evacuee property. The respondent -tenants Sohan Singh and Joginder Singh were in occupation of this property and have been paying rent of Rs. 25/ - per month to the Custodian. The property was acquired under the Displaced Persons (Compensation and Rehabilitation) Act of 1954 and was put up for auction on 9th January, 1957. The bidding closed in favour of the petitioner Harbans Singh for Rs. 19,600/ - and symbolical possession was delivered to him on 16th of April 1957. The managing officer wrote to the tenants on the same day vide Exhibit D. 1, that they should attorn to the petitioner as landlord.

(3.) ON the tenants' appeal it has been held by the lower appellate Court that the landlord has not been able to make good his case for ejectment. It has been found in the first instance that the sale certificate, Exhibit P.1, is not a registered document and, therefore, could not vest a valid title in the landlord. The certificate of sale, which was granted to the petitioner under Rule 90(15) of the Compensation and Rehabilitation Rules, was given on 14th of November 1959, but it was added that the sale was to take effect with effect from 16th of April 1957. This certificate under Rule 90(15) is issued in the prescribed form and a certified copy of it is to be sent to the Registering Officer within the local limits of whose jurisdiction the whole or any part of the property to which the certificate relates is situated. The certified copy was obtained by the landlord from this authority. It seems to me that it is not necessary for this document to be registered and the Senior Subordinate Judge had no warrant to hold that the sale certificate without registration could not vest a valid title in the landlord.