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1958 Supreme(All) 173

J.K.TANDON
MANOHAR LAL – Appellant
Versus
RENT CONTROL AND EVICTION OFFICER, BAREILLY – Respondent


Advocates Appeared:
Brij Lal Gupta

J. K. TANDON, J.


( 1 ) HOUSE No. 127-A (3) situate at Civil Lines Bareilly was admittedly evacuee properly vested in the Custodian. The same was sold in October/november 1956 by public auction under Section 20 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 and one Vidhya bhushan Chaudhry was declared the auction-purchaser. Although the auction took place about two years ago, the sale certificate in respect thereof has not! been issued so far in favour of vidhya Bhushan Chaudhry. This is the definite allegation of the petitioner and the Rent Controller, Bareilly, respondent, has not controverted it. According to the report of the house inspector dated 25th May 1957, annexure B, no sale certificate in respect of this property in favour of Vidhya Bhushan chaudhary had been made till then. For the purposes of this case we may, therefore, take it that a sale certificate has not been made in favour of the auction-purchaser as yet. After the auction Vidhya Bhushan took possession of the house and deposited his luggage etc. also in it. The petitioner, who is Manohar Lal, has alleged that Vidhya Bhushan, who owns a farm at Kaladongi in Haldwani, district Nainital, ofte













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