( 1 ) THESE two Regular Second Appeals (Nos. 284-D and 28 5-D of 1966) have arisen out of the same suit and can, therefore, be disposed of by a common judgment.

( 2 ) AFTAB Ahmed and Zaki Ahmed filed a suit, No. 314 of 1964, in the Court of Shri Prem Kumar Jain, Subordinate Judge IInd Class, Delhi, for the eviction of five defendants, defendants 1 to 5 in the suit, from House No. XIII/995, situatad in Mohalla Kishan Ganj, Teliwara, Delhi. The said house was evacuee property acquired by the Central Government under section 12 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954, and formed a part of the common pool. According to the plaintiff. , the said property was directed to be transferred to them by the Government and a part of the consideration was realised from them. No sale certificate, however, was issued in their favour as the full consideration for the transfer had not yet been paid. The plaintiffs alleged that with effect from July 24, 1962. provisional possession of the property was delivered to them. It is their case that defendants 1 and 2 were the tenants in respect of different portions of the property under the Custodian of Evacuee