Mohd. Jamil & Ors. vs Mirajuddin on 11 July, 2016

1. The present second appeal under Section 100 CPC assails the
judgment dated 26.10.2006 passed by the First Appellate Court, i.e. learned
ADJ Delhi Fast Track Court, New Delhi, whereby the first appeal preferred
by the defendant/appellant i.e. RCA No. 22/06/87 under section 96 CPC was
dismissed. The said regular first appeal challenged the judgment and decree
dated 16.02.1987 passed by the trial court, viz. the Sub Judge 1st Class
Delhi, in Suit No. 451/79, decreeing the suit preferred by the plaintiff for
declaration and mandatory injunction against the defendants.

RSA No.66/2007 Page 1 of 56
2. The plaintiff/respondent-Mirajuddin initiated the suit on the premise
that the building bearing municipal House Tax no. IX/436(old) 739(New),
situated at Jama Masjid, Delhi (the suit property) was a composite evacuee
property. On 24.09.1960 the Competent Officer advertised the public
auction of the suit property against reserve price of Rs. 45,000/- in exercise
of the powers conferred under the Evacuee Interest (Separation) Act, 1951.
The plaintiff Mirajuddin gave the highest bid of Rs. 22,000/-, and he paid
10% of the bid amount. Since the bid amount was below ½ of the Reserve
price, the plaintiff was intimated that the matter will be referred to the
Custodian of Evacuee Property for acceptance of his bid, and intimation will
be sent to him

Source: Indian Kanoon

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