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2012 Supreme(P&H) 1691

K.KANNAN
Gopal – Appellant
Versus
Custodian of Evacuee Property – Respondent


For the Petitioner:Mr. Arihant Jain and Mr. Arun Jindal, Advocates.
For the Respondent:Mr. M.L. Sarin, Senior Advocate with Ms. Hemani Sarin, Advocates.

JUDGMENT

Mr. K. Kannan, (Oral) J. - The writ petition is at the instance of persons who claim to be in possession of certain shops and they seek to assail the order passed by the District Judge who is the appellate authority under The Evacuee Interest Separation Act, 1951. The appeal had been brought at the instance of the third respondent Dr. Rewa Ram who claimed that he was an assignee of mortgagee’s interest and the property not having been redeemed within the period of limitation he had acquired title to the property. The “competent of­ficer”, as a Court of first instance had rejected the third respondent’s claim and the said order had been reversed in appeal. The petitioners were cited as respondents before the District Judge since they had themselves independently sought the properties to be allot­ted by the “competent officer”. Respondent Nos.2 and 3 had also been cited as respon­dents by virtue of the fact that they had claimed in the proceedings before the Rent Con­troller initiated by the third respondent that they were themselves the owners and conse­quently the third respondent had sought for an adjudication in their presence. The writ petitioners therefore seek for the



















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