An auction-purchaser of evacuee property, who has not yet obtained a sale certificate but to whom the occupier has attorned, can, under the ordinary law, maintain a suit for ejectment.

Tek Chand, J.

1. This Civil Revision and five other cases, R. S. A. 146-D of 1961, R. S. A. 162-D of 1961, R. S. A. 163-D of 1961 R. S. A. 164-D of 1961 and R. S.A. 165-D of 1961, can conveniently be disposed of by one order as the question of law, which was referred by Khosla C. I. to a Division bench is the same. The relevant passage from the order of reference is, as under :

"I, therefore, direct that quite apart from the fact that the plaintiffs could fall back upon the ordinary law in the present case a Division Bench should consider the point whether an auction purchaser of evacuee property, who has not yet obtained a sale certificate but to whom the occupier has attorned, can under the ordinary law maintain a suit for ejectment."

It was directed that this matter be placed before a larger Bench and if there were any other petitions of a similar type pending they may also be put up for hearing before the same Bench so that the counsel appearing in those petitions might have, if they so chose, an opportunity of representing their views before the Court. The facts of each case in certain particulars are different and as we are merely answering the question of law under reference, these cases will be disposed of by a Single Judge on their respective merits in the light of the answer which is being given by this Bench.

2. In all these cases, the plaintiffs were landlords who had instituted suits for the ejectment of their respective tenants, contending that the premises were required for their own use and the tenants had defaulted in making payment of rent. The suits were resisted by the tenants on the ground that a case for their eviction was not made out under the Rent Control Act, (Act 38 of 1952).

3. In Civil Revision No. 157-D of 1959, the defendant had denied being a defaulter or that the premises were required by the Landlords bona fide for their own use and occupation. A question was also raised that the landlords had no right to institute the suit and that the same was premature. In this case, the following issues were framed:

"1. Whether the plaintiffs have the locus standi to bring this suit?

2. Whether the defendant is liable to ejectment from the suit premises on the ground given in the plaint?

3. Is the suit of the plaintiff premature?

4. Relief."

The property in this case--as also in other cases --was acquired by the Government of India under the Central Act 44 of 1954. The house was put up for sale by auction and the plaintiff in question was the highest bidder. After the purchase in auction, the Managing Officer addressed the parties stating that with effect from 14th of December, 1956, the Tent should be paid by the tenant to the auction-purchaser. The sale certificate had not yet been issued. Notices were given by the landlords to the tenant that the respondent was a defaulter in payment of rent and the house was required bona fide by the plaintiffs for their-own use. In these cases, the Managing Officer had addressed a communication to the tenants in the following form:

"No: XIII/D/1669, Government of India. Ministry of Rehabilitation, Office of the Additional Settlement Commissioner, Jamnagar House, New Delhi. Dated: the 19-3-1959. Sub:-

- Provisional Possession of Property No: XIV/352-54/291-93 Sold on -----in----- DELHI: Whereas it has been decided to give provisional possession of the above said property to Shri-Attar Lal S/o Murli Dass -----R/O----- the auction purchaser of the property, you are hereby directed to pay rent to him and deal otherwise with him direct with effect from 20-2-1959. (2) You are further advised, in your own interest, to pay arrears of the previous period immediately to this office to avail yourself of the protection from ejectment in terms of the Provisions contained in Section 29 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954, read with the relevant notification in this behalf, failing which you may render yourself, liable to eviction. Sd/- Manag