( 1 ) LEAVE granted.

( 2 ) THE appellants father-Nanu, rehmatullah and Wazu are brothers. Munshi and Banda were their cousins. Munshi and Banda had migrated to pakistan and then properties were declared as evacuee properties. By proceedings dated 12. 3. 56. the competent authority had passed an order separating the respective shares held by the evacuees, Munshi and Banda as well as the father of the appellant, Rehmatullah and Wazu and allotted specific items to nanu. At an auction held on 14/04/1967 of the evacuee properties, the respondent - Dr. K. L. Anand had become the highest bidder and sale certificates issued on 26/09/1968, are as follows:-

"certificate OF SALE (FREEHOLD PROPERTIES) rule 90 (15 this IS TO CERTIFY that Shri K. L. Anand, s/o Shri Parshotam Dass Anand having given the highest bid of Rs. 4,250. 00 (Rupees four thousand two hundred and fifty only) as sale by public auction held in pursuance of the powers conferred upon me under s. 20 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (44 of 1954 on the 14th day of April 1967 of the property described in the scheduled and his bid having been accepted and the value thereof having been paid by him i