9911796707
TMI Blog1994 (10) TMI 297X X X X Extracts X X X X X X X X Extracts X X X X ..... Anand having given the highest bid of ₹ 4250 (Rupees Four thousand two hundred and fifty only) at sale by public auction held in pursuance of the powers conferred upon me under Section 20 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (44 of 1954) on 14-4-1967 of the property described in the Schedule and his bid having been accepted and the value thereof having been paid by him in cash/by adjustment of compensation due on his and his associate(s) claim(s) has been declared the purchaser of the said property in shares as mentioned below with effect from 14-6-1968. Given under my hand and seal of my office this day of September 26, 1968. Schedule Shares Property Khasra Sakni No. 13 Full Village Kalu Sarai, New Delhi. bounded as under: East :Mosque Gali West :House of Shri Rehmatullah North: Khasra Sakni No. 14 South: Gali Sd/- Signature Designation: Managing Officer/Asst Custodian, New Delhi. Shri K.L. Anand, S/o Shri Parshotam Dass Anand Shop No. 176, Vinay Nagar, New Delhi. Copies to: 1. Sub-Registrar, Kashmere Gate, Delhi. 2. Assistant Accounts Officer, 3. Central Board of Revenues, New Delhi. 4. Municipal Corporation of Delhi. Si ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... te of sale executed on 26-9-1968 in favour of Shri K.L. Anand son of Shri Parshotam Das in respect of Khasra Sakni No. 14, Village Kalu Sarai, New Delhi, the boundaries may be read as under: East House of Shri Wazu West Mosque and Gali North Agricultural land South Khasra Sakni No. 13 Given under my hand and seal of my office this day of October 24, 1969. Sd/- M.L. Vij Managing Officer TO, Shri K.L. Anand, Shop No. 176, Vinay Nagar, New Delhi. COPY to: Sub-Registrar, Asaf Ali Road, New Delhi. (Managing Officer)" 3. Thus, the properties bearing Khasra Sakni Nos. 13 and 14 were confirmed in favour of the respondent. Rehmatullah and Wazu challenged the said sales in WP No. 960 of 1969 in Delhi High Court contending that the properties sold pursuant to the declaration of those properties being evacuee on 6-2-1956 were not, in fact, correct; they had interest in the sold properties and that, therefore, the sale made in favour of the respondent was illegal. The writ petition came to be dismissed by the learned Single Judge which was affirmed by the Division Bench in LPA No. 95 of 1978 by order dated 14-9-1982. That order had become final. Therein, though Nanu was implea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cted by any person in obtaining possession of the property, he may make an application to the court complaining of such resistance or obstruction. (2)Where any application is made under sub-rule (1), the court shall proceed to adjudicate upon the application in accordance with the provisions herein contained. 98. Orders after adjudication.- (1) Upon the determination of the questions referred to in Rule 101, the court shall, in accordance with such determination and subject to the provisions of sub-rule (2);- (a) make an order allowing the application and directing that the applicant be put into the possession of the property or dismissing the application; or (b) pass such other order as, in the circumstances of the case, it may deem fit. (2)Where, upon such determination, the court is satisfied that the resistance or obstruction was occasioned without any just cause by the judgment-debtor or by some other person at his instigation or on his behalf, or by any transferee, where such transfer was made during the pendency of the suit or execution proceeding, it shall direct that the applicant be put into possession of the property, and where the applicant is still resisted or obst ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e between the parties as if it was a decree subject to right of appeal and not a matter to be agitated by a separate suit. In other words, no other proceedings were allowed to be taken. It has to be remembered that preceding Civil Procedure Code Amendment Act, 1976, right of suit under Order 21, Rule 103 of 1908 Code was available which has been now taken away. By necessary implication, the legislature relegated the parties to an adjudication of right, title or interest in the immovable property under execution and finality has been accorded to it. Thus, the scheme of the Code appears to be to put an end to the protraction of the execution and to shorten the litigation between the parties or persons claiming right, title and interest in the immovable property in execution. 9.Adjudication before execution is an efficacious remedy to prevent fraud, oppression, abuse of the process of the court or miscarriage of justice. The object of law is to mete out justice. Right to the right, title or interest of a party in the immovable property is a substantive right. But the right to an adjudication of the dispute in that behalf is a procedural right to which no one has a vested right. The f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in Khasra No. 179 is part of Khasra Sakni Nos. 13 and 14 and if so, whether the respondent while executing the decree trenched upon his property and sought to dispossess him. The appellant's possession, pending adjudication, needs to be protected by interim orders. Unfortunately, the courts below had not adverted to these crucial aspects of the matter. When the appellant claimed independent right, title and interest and resisted the execution, the decree-holder or the appellant should make an application under Rule 97(1) and the court, in that event, is enjoined to adjudicate the claim and record a finding, allowing or rejecting the claim. It should be remembered that Parliament intended to shorten the litigation and to give effect to it, a simplified procedure was devised for adjudication. On the basis of the fact situation and the nature of the controversy, the claim has to be adjudicated expeditiously in a period not exceeding six months and preferably on day to day basis by putting an end to the tendentious conduct of prolonging the proceedings by suitable orders. 11.The orders of the courts below are accordingly set aside. The matter is remitted to the executing court to ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
