JUDGMENT

SARKARIA, J.:—This appeal by special leave is directed against a judgment, dated August 23, 1978, whereby a learned single Judge of the Allahabad High Court dismissed the appeal of the appellant herein. It arises out of these circumstances.

2. The plaintiff, Dr. Rajendra Prakash Sharma, is the appellant before us. He filed a suit in the court of Civil Judge, Bulandshahr, alleging that the house in dispute was owned by one Qazi Abdul Rashid, son of Qazi abdul Razak. Qazi Abdul Rashid had let out this house to Dr. Bhu Deo Sharma, father of the appellant, who was paying rent for the same to Qazi Abdul Rashid. He further alleged that the said Abdul Rashid had migrated to Pakistan and the house in dispute was declared evacuee property under the then existing law. Later on, it was put to auction on January 29, 1969 under Section 20 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954, and was purchased by the plaintiff for a consideration of Rs. 1,000 and the appellant was declared purchaser of this property with effect from April 1, 1969. Sale Certificate, dated March 19, 1969, was also issued in his favour.

3. He further pleaded that the defendants-respondents ha