Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1950-Section 2(a) 1954- Sections 14 and 29 Administration of Evacuee Property Act Displaced Persons (Compensation and Rehabilitation) Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Displaced Persons (Compensation and Rehabilitation) Act, 1954- Sections 14 and 29-Administration of Evacuee Property Act, 1950-Section 2( a)-Construction of market by Government and formed part of compensation pool which was to be transferred on ownership basis to the displaced person-Squatterer not being a displaced person, occupying land before the construction of market and seeking transfer of shop-Order of High Court that the Department could sell shop by auction or by inviting tender and giving opportunity to the occupier of the shop-Tenders invited-Squatterer did not participate-Sale confirmed in favour of purchaser-Non-payment of rent by occupier within sixty days from the date of sale-Suit for possession and damages-Grant of decree of possession in favour of purchaser holding him to be the owner of the property-High Court set aside the decree-On appeal held: Squatterer did not pay rent due within the stipulated period as such squatterer and also his successor-in-interest not a tenant of purchaser- Squatterer also not a displaced person as such not covered by Notification issued under section 29 of the Act, hence not entitled to protection from eviction-Furthermore, sale of shop in favour of purchaser by inviting tender valid, property was an evacuee property and the issue of ownership and validity of sale concluded earlier proceedings as such occupier estopped from challenging the sale and ownership-Hence, purchaser became the owner of property and entitled to possession and damages in terms of decree by Trial Court. The Ministry of Rehabilitation constructed a market, a Government built in property and it formed part of the compensation pool within the meaning of Section 14 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 which was to be transferred on ownership basis to displaced persons only. B-squatterer, predecessor-in-interest of the respondent occupied land before the construction of market and was offered shop as temporary measure as alternative accommodation. B though not a displaced person sought transfer of the shop in his favour. High Court disposed of the writ petition holding that the Department could sell the shop by public or private auction or by calling tenders and the occupier would be given equal opportunity to give his bid. Department invited tenders for sale of the shop. B did not participate in the sale and the tender of the appellant being highest was accepted and the sale was confirmed in his favour. B died but neither B nor his successor-in-interest nor any legal heir paid rent to the appellant from the inception of the tenancy as per the sale condition, as such demand notice was issued. Appellant filed suit for possession and recovery of damages. Meanwhile respondent and other legal heirs of B filed petition for quashing of sale in favour of the appellant since they came to know about the sale recently. Rehabilitation Authorities and the High Court upheld the sale and transfer of the shop in favour of the appellant. Appeal in this Court was dismissed as withdrawn and as a result sale made in favour of the appellant attained finality. Trial Court decreed the suit for possession of the suit property in favour of the appellant. High Court set aside the order of High Court. It held that the sale made in favour of the appellant by inviting tenders was invalid; that in the earlier proceedings only the question of the validity of sale was involved which attained finality and not the issue of ownership; that the property was not evacuee property; that section 29 of the Act was not applicable to the facts of the case; and that the respondent was tenant of the suit property. Hence the present appeal. |
Judge | Hon'ble Mr. Justice Ashok Bhan |
Neutral Citation | 2005 INSC 242 |
Petitioner | Hans Raj Banga |
Respondent | Ram Chander Aggarwal |
SCR | [2005] 3 S.C.R. 994 |
Judgement Date | 2005-04-29 |
Case Number | 642 |
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