S. H. SHETH, J. :- The plaintiff is a displaced person from West Pakistan. He does not hold a verified claim. He is, therefore, a non-claimant. He has been residing in a tenement situate in Varashiya Colony at Baroda which is a Government built colony. The tenement in his occupation was allotted to him. The Central Government some time back took decision to dispose of all the tenements to Varashiya Colony. The tenement to the occupation of the plaintiff was therefore also to be disposed of. The plaintiff applied to the appropriate authority to transfer to him the tenement in his occupation. He relied upon Rule 42 of the Displaced Persons (Compensation and Rehabilitation) Rules, 1955 in support of his application. The appropriate officer rejected his application and put to sale his tenement. The defendant No. 5 purchased it at the auction sale. The plaintiff, therefore, filed the present suit for a declaration that the auction sale of the tenement in his possession was ultra vires the powers of the officer of the Central Government and that, therefore, the said auction had not conferred any title upon the defendant No. 5. He joined to the suit as, defendants the Union of In