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1977 Supreme(SC) 110

P.N.BHAGWATI, S.MURTAZA FAZAL ALI
Sunder Dass – Appellant
Versus
Ram Prakash – Respondent


Advocates:
A.K.SRIVASTAVA, B.P.SINGH, BISHAN NARAIN, V.S.DESAI, Z.N.Mishra

Judgment

P. N. BHAGWATI, J.:- This appeal by certificate raises a short but interesting question of law relating to the interpretation and effect of the proviso to Section 3 of the Delhi Rent Control Act, 1958. The dispute in this appeal relates to a shop situate on the ground floor of a building bearing Municipal No. 624-36 (Old) 530-35 (New) situate in Sadar Bazar, Delhi. The building was an evacuee property and it was acquired by the Central Government under Section 12 of the Displaced Persons (Compensation and Rehabilitation) Act. 1954 and formed part of the compensation pool. It was sold by public auction and the appellant being the highest bidder was accepted as the auction purchaser by the managing officer on 5th September, 1955. It does not appear from the record as to when the appellant paid the full purchase price to the managing officer but presumably he did so before 23rd September, 1955 when the sale was confirmed in his favour by the managing officer. The sale certificate was not issued in favour of the appellant for a considerable time and we are told that even until now it has not been issued out possession of the building was handed over to the appellant on 30th Aug











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