Judgment

SABYASACHI MUKHARJI, J. :- The story behind this appeal, though not very relevant, reveals interesting facts. One N. H. Ray of Calcutta either abandoned or disappeared or died since about 1929 and his house being the premises in dispute in Nagpur lay abandoned and his heirs were not known, letters written by authorities in Nagpur and by the tenants in Nagpur to the address N. H. Ray, Calcutta naturally remained unanswered. It is alleged that a notice of sale of the premises in question was given in the name of one Tapan Roy in the local newspaper. But one Bratindranath Roy describing himself to be the holder of the power of attorney on behalf of the heirs of late N. H. Ray is alleged to have sold the premises in question. The Southern portion was sold to the respondent D. V. Hingwe and one M. Lapalikar became the allottee of the premises in question in 1960. He wants to stay on in the premises. The alleged transferee or alienee of the property from the alleged heirs of N. H. Ray fights this appeal in this Court after the allotment has been cancelled by the House Allotment Officer in favour of the appellant, Lapalikar. But in this appeal this Court is concerned with a very s