( 1 ) THIS appeal under Clause X of the Letters Patent. against the judgment of Hon ble Mr. Justice Yogeshwar Dayal has arisen on these facts and grounds.

( 2 ) SHRI Manna Singh and Shri Lakhmi Chand became the tenants of the Custodian of Evacuee Property, Delhi some time in the year 1948-49 after they respectively occupied the evacuee houses built on plots now numbered as 11097 and 11096, Ward No. XIV, Doriwalan, Delhi. House No. 11097 falls on the back of house No. 11096 and as it is closed byhouses built on all other sides, an access to it lies only through Plot No. 11096. Shri Manna Singh and his family members etc. , therefore, since the occupation of house No. 11097 in 1948-49 had been using a passage through plot No. 11096. The aforesaid two houses were acquired by the Central Government. In an open auction held by the Managing Officer of the Ministry of Rehabilitation, New Delhi on June 4, 1960 Shri Manna Singh and Shri Lakhmi Chand jointly made the highest bid of Rs. 32,100 and became the purchasers of the aforesaid two houses Nos. 11096 and 11097 including the lease hold rights in the plots. A sale certificate dated August 11, 1960 was issued in the joint