GULZARI LAL Vs. DEWAN CHAND

JUDGEMENT

(1.) A two storeyed building including some shops on its ground floor bearing municipal Nos. 2228-30 in Katra Baggian, Amritsar, was evacuee property and subsequently vested in the Central Government in pursuance of a notification issued under Section 12 of the Displaced Persons (Compensation and Rehabilitation) Act, 44 of 1954. Dewan Chand, defendant-respondent (hereinafter referred to as the tenant) was a lessee of shop No. 2229/1 in the above-said property under the District Housing and Rent Officer-cum-Managing Officer. The entire property was transferred to the plaintiff who was in occupation of the residential portion of its first floor under Section 20 of the Compensation Act. The property was valued at Rs. 9,851. Out of the said sale price of the property, Rs. 6,188. 13 were recovered from the plaintiff by adjustment of the compensation payable to him against his verified claims. By an agreement, dated 14-6-1963 the balance of Rs. 3,662. 87 was undertaken to be paid by the plaintiff in seven instalments. On July 25, 1963 after the execution of the above-said agreement for the payment of the balance, the Managing Officer wrote letter Ex. P-1 to the tenant which is in the following words:--

(2.) EXHIBIT P-l is the original signed copy of the above-said communication which was endorsed by the Managing Officer to the plaintiff-appellant, who, as stated above, is the intended transferee of the property in question. On or about 18-11964 the tenant remitted a sum of Rs. 300 by money order to the plaintiff.

(3.) THE admitted coupon of that money order has been proved in this case and has been marked as Ex. P-3. On that coupon the tenant wrote as follows:--"mablag tin sad rupayia babat kiraya dukan No. 2229/1 waqia katra baggian Amritsar arsal hai. Rasid se mutla karen. "