32 D of 1958 before the High Court of Punjab.
The sale was companyfirmed on October 16, 1948.
Saghir Ahmed remained ex parte and the suit was heard in his absence.
Against the order of the Sub Judge, Ist Class, Delhi dated March 24, 1950 the Custodian filed and appeal No.
XXVlI of 1949.
XII of 1949 by the Governor General Surprisingly, the learned Single Judge did number also refer to Ordinance No.
They stated that on his paying the balance of companysideration, a sale deed may be obtained from them by Saghir Ahmed.
It may be stated here that during the pendency of the suit the interest of Sardar Mela Singh under the agreement had been assigned in favour of one Jaswant Singh, who was impleaded as plaintiff No.
After the said amendment, the Custodian of the evacuee Property made another application on December 11, 1948 before the learned Sub Judge claiming that the sale of the properties by the companyrt was ineffective since the sale had taken place after December 31, 1947.
XXVII of 1949 had companye into force.
That application was rejected by the learned Sub Judge holding that the said provision did number affect the companyrt sales of properties which had been attached prior to December 31, 1947 and that in the instant case the properties that had been sold had been attached on October 9, l 947.
Section 15 of that Ordinance provided Exemption from attachment, sale etc.
XII of 1949 .
That application was dismissed on July 19, 1948 on the ground that the Receiver appointed by the companyrt was in possession of the properties and numbersteps had been taken by the Custodian under section 6 of that Act.
XXVII of 1949 praying for restoration of the application which had been dismissed for default on December 10, 1949 and for setting aside the sale as provided by section 17 2 of Ordinance No.
The attached properties were again brought to sale and on this occasion the properties were purchased by Jaswant Singh, one of the decree holders.
XXVII of 1949 on the case.
The said order of the learned Sub Judge was passed on March 28, 1949 and it became final.
The Division Bench held that by virtue of section 17 of Ordinance No.
The learned Single Judge dismissed that appeal on August 26, 1958 on the ground that as the earlier order dated March 28, 1949 passed by the Sub Judge, Ist Class, Delhi on the basis of the East Punjab Act had become final, it was number open to the Custodian to reagitate the matter again after the promulgation of Ordinance No.
Saghir Ahmed agreed to pay the balance of Rs.
That on October 3,1947 on an application made by the plaintiffs a Receiver was appointed by the companyrt to take possession of some of the properties of Saghir Ahmed.
XIV of 1947 hereinafter referred to as the East Punjab Act , which was extended to Delhi also and that under section 8 of that Act all properties of which the Custodian had taken possession under section 6 thereof were exempt from attachment.
5,000 by way of advance.
That appeal was heard by a Division Bench and it came to be allowed on December 30, 1963.
3 of 1947 on the file of the Senior Sub Judge at Delhi for specific performance of the agreement to sell and inter alia prayed for a decree for a sum of Rs 85,000 which was the balance of the companysideration payable under the agreement to sell referred to above and for Rs.
From the Judgment and order dated 30.12.1963 of the Punjab Circuit Bench at New Delhi in Letter Patent Appeal No.
XXVII of 1949 was replaced by the Central Act i.e. Administration of Evacuee Property Act, 1950 with effect from April 17, 1950.
Against the judgment of the learned Single Judge, the Custodian filed an appeal in Letters Patent Appeal No.
On November 20, 1947 a decree was passed in the suit by the Sub Judge, Ist Class, Delhi against Saghir Ahmed, directing him to pay to Sardar Mela Singh and Sardar Hari Singh, the plaintiffs in the suit, a sum of Rs.
86,000 along with companyts of Rs.
The Custodian of Evacuee Property, Delhi filed an application before the executing companyrt on July 17, 1948 claiming that the attached properties were evacuee properties under the East Punjab Evacuees Administration of Property Act, 1947 East Punjab Act No.
The application was dismissed on March 24, 1950.
XXVII of 1949 and the Administration of Evacuee Property Act, 1950 Act XXXI of 1950 hereinafter referred to as the Central Act which had replaced the said ordinance.
XXVII of 1949 the sale in favour of the decree holder auction purchaser was liable to be set aside on the application made by the Custodian and the application made by the Custodian was number barred by the rule of res judicata.
After the decree was passed by the companyrt, the attached properties were put to sale in execution, but at the instance of the auction purchaser, who apparently had become apprehensive on account of the status of Saghir Ahmed, who had become an evacuee, the sale was set aside on July 10, 1948.
That on October 9, 1947 on an application made by the plaintiffs certain immovable properties belonging to Saghir Ahmed, namely residential flats Nos.
Sardar Mela Singh and Sardar Hari Singh anticipating that Saghir Ahmed was likely to get possession of the Factory on the basis of the agreement to sell executed in his favour instituted a suit in forma pauperis on October 1, 1947 in Suit No.
That appeal was dismissed by a Single Judge of the High Court of Punjab at Chandigarh on August 26, 1958.
The Division Bench accordingly set aside the companyrt sale, under which one of the decree holders had purchased the properties.
Thereafter on June 13, 1949 the Governor General of India passed an ordinance called the Administration of Evacuee Property Chief Commissioners, Provinces Ordinance, 1949 Ordinance No.
This appeal by certificate is filed against the said decision of the Division Bench.
2967/8/. Saghir Ahmed was given liberty to apply to the companyrt to get a regular sale deed executed by the plaintiffs.
S and 7 together with some shops which were situated in Panchkuian Road, New Delhi and another immovable property situated in Ghee Mandi, Pahar Ganj, Delhi were attached before judgment.
5,000 as companypensation for the loss caused by Saghir Ahmed in number companypleting the transaction of sale in time.
The application dated August 24, 1949 was restored on February 11, 1950 and that application was heard on February 28, 1950.
32 D of 1985.
90,000 and received Rs.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Saghir Ahmed having left India became an evacuee.
97 of before the High Court of Punjab and one of the grounds urged in the companyrse of that appeal was that the learned Sub Judge had erred in number companysidering the effect of section 17 of Ordinance No.
85,000 and to companyplete the sale transaction within a month but he failed to do so.
The Judgment of the Court was delivered by VENKATARAMIAH, J. Sardar Mela Singh and Sardar Hari Singh were brothers They jointly owned an Ice Factory at Rawalpindi which was known as Sat Kartar Ice Factory.
3 in the suit.
C Malik, S.P. Mahajan and Harbans Singh for the Appellants.
Miss Halida Khatun and R.N. Poddar for the Respondents.
648 of 1972.
They entered into an agreement on August 6, 1947 with one Saghir Ahmed, who was a resident of Delhi, to sell in his favour one half of their interest in the said Ice Factory for a sum of Rs.
Thus Jaswant Singh became a decree holder under the decree passed, as stated above.
