HIMPRASTHA FINANCIERS PRIVATE LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) These three petitions raise common questions of law and. therefore, they will be disposed of by a single judgment.

(2.) The Central Hotel Estate Simla, was declared an evacuee property and later it became a part of the compensation pool under the provisions of the Displaced Persons (Compensation and Rehabilitation) Act. 1954 (hereinafter called the Act). This property was divided into four lots for purposes of auction as under: (i) Central Hotel (Main Building); (ii) Central Hotel (Addl. Houses just over the Stables): (iii) Central Hotel (Stables and Servants Quarters): and (iv) Central Hotel (Annexe).

(3.) On 18-11-1955. Lot No. (1) Central Hotel (Main Building) was purchased by Shri Kala Ram Khanna in a public auction for Rs. 67,225/-. The sale certificate relating to this property was issued on 29-3-1963 by the Competent Authority demoting the boundaries of the property sold to Shri Kala Ram Khanna as under : (1) East--Hillock. (2) West--Stables and Additional Houses. (3) North--M. C. Road, (4) South--M. C. Road. Later on the property was demarcated and Shri Kala Ram Khanna was put into possession, of the same. His name was also entered in the revenue records. Later on by a registered deed, dated 4-11-1963. Shri Kala Ram Khanna released the property in favour of Smt. Shakuntala Kochhar, who has filed the C. W. P. 114 of 1972, stating that the property has been purchased by Shri Kala Ram Khanna as Benamidar on her behalf. After this Shri Kala Ram Khanna and Smt. Shakuntla Kochhar continued to be in possession of the property and the name of Smt Shakuntla Kochhar was duly entered in the Municipal Taxation Registers, revenue records and Property Tax Registers and she continued to pay the taxes, etc.