KAILASH WATI Vs. KARAM CHAND

JUDGEMENT

(1.) THE plaintiffs are in appeal. They filed a suit for possession of 10 kanals 16 marlas of land and for recovery of Rs. 977/- as mense profits regarding the crops for kharif 1973 to Rabi 1976 and for future mense profits from the date of the suit till the date of delivery of possession.

(2.) RAMESHWARI Dass was the original plaintiff. He died during the pendency of the suit. His legal representatives were brought on record. Rameshwari Dass had purchased the land in dispute by offering the highest bid for the suit land including some other land in the public auction held by the Central Government. His bid for Rs. 13,600/- was accepted. The sale was confirmed on September 24, 1959. A sale certificate in this regard was issued in his favour on August 21, 1972. It was claimed that defendant Karam Chand is in unauthorised and unlawful possession of the suit land and had no right to continue in its possession and as such a suit for possession was filed. On the basis of the wrongful possession of the defendant, mense profits were also claimed.

(3.) AT this stage, it may be relevant to notice here that the land in question was auctioned by the competent authority under the provisions of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 and the rules framed thereunder. Since the auction of the suit land was conducted on the basis of a press note issued by the State Government, therefore, this court vide a judgment dated January 13, 1961 in case of Bishan Singh v. Central Government held that the aforesaid auctions conducted by the State Government were in violation of the provisions of the Act and as such were set aside. However, subsequently, Chief Settlement Commissioner in exercise of his power under Rule 87 of the Displaced Persons (Compensation and Rehabilitation) Rules, 1955 issued the instructions to transfer a portion of the land in question after meeting the claims of the lessees and sub-lessees of the land to the defeated auction purchasers at the rate at which it was auctioned.