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SUPREME COURT OF INDIA
Noorduddin
Vs.
K.L. Anand
Decided on December 6, 1994
Appellant 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. 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 of the evacuee properties, the respondent - had become the highest bidder and sale certificates issued –Held, When the appellant claimed independent right, title and interest and resisted the execution, the decree-holder or the appellant should make an application and the court, in that event, is enjoined to adjudicate the claim and record a finding allowing or rejecting the claim – It should be remembered that the Parliament intended to shorten the litigation and to give effect to it, simplified procedure was devised for adjudication – On the basis of fact-situation and the nature of the controversy, the claim has to be adjudicated expeditiously in a period not exceeding six months and preferably on day to day basis by putting an end to the tendentious conduct of prolonging the proceedings by the suitable orders – Whether in executing the decree the respondent is entitled to take possession – Appeal is accordingly allowed.
( 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 in cash/by adjustment of compensation due on his and his associate (s) claim (s) has been declared the purchaser of the said property in shares as mentioned below with effect from 14th day of June 1968. Given under my hand and seal of my office this 26th day of September 1968. SCHEDULE SHARES property Khasra Sakni Full no. 13 Village Kalu sarai, New Delhi bounded as under: east : Mosque Gali west : House of Shri Rehmatullah north : Khasra Sakni No. 14 south : Gali sd/- signature Designation Managing Officer/asstt. Custodian new Delhi. Shri K. L. Anand, s/o Sh. Parshotam Dass anand Shop No. 176, Vinay Nagar, New delhi. Copies to: 1. Sub-Registrar, Kashmeri Gate, Delhi. 2. Assistant Accounts Officer, 3. central Board of Revenues, N. D. 4. Municipal Corporation of Delhi. Signature Designation. "***************
CERTIFICATE OF SALE (FREEHOLD PROPERTIES) RULE 90 (15 this IS TO CERTIFY that Shri K. L. Anand, s/o Shri Parshotam Dass having given the highest bid of Rs. 6,050. 00 (Rupees six thousand and fifty only) at sale by public auction held in pursuance of the powers conferred upon me under Section 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 Schedule and his bid having been accepted and the value thereof having been paid by him cash/by adjustment of compensation due on his and his associate (s) claim (s) has been declared the purchaser of the said property in shares as mentioned below with effect from 14th day of June 1968. Given under my hand and seal of my office this 26th day of Sept 1968. 595 schedule SHARES property No. Khasra Sakni Full no. 14 Village Kalu Sarai, new Delhi bounded as under: east : Mosque and Gali west : House of Shri Wazu north : Agriculture land south : Khasra Sakni No. 13. Sd/- M. L. Vij Signature Designation 26. 9. 68 Managing Officer/asst. Custodian Office of the regional Settlement Commissioner, New Delhi. To, shri K. L Anand shop No. 176 vinay Nagar, New Delhi,"**************
NO. Rs. CD (MO)Auc/pn/khasrano. 13/kalu Sari/d/5178 govt. of India, min. of Labour Employment and rehabilitation, office of Regional Settlement Commr. (MW), jamnagar House, New Delhi. CORRIGENDUM 25. 10. 69 subject : Regarding Khasra Sakni No. 13, Village Kalu Sari, New Delhi. In the certificate of sale executed on 26. 9. 68 in favour of Shri K. L. Anand, s/o shri Parshotam Dsss in respect of Khasra sakni No. 13, Village Kalu Sari, New Delhi, the boundaries may be read as under:- east : House of Shri Rehmatullah west : Mosque and Gali north : Khasrs Sakni No. 14 south : Gali. Given under my hand and seal of my office this day 24/10/1969. Sd/- M. L. Vij Managing Officer/asst. Custodian to, shri K. L. Anand, son of Shri Parshotam dass Shop No. 176, Vinay Naga
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