Case: MAHENDRA PRATAP DUBEY Vs. MANAGING OFFICER,EVACUEE PROPERTY

said official documents issued in favour of respondent No.3 before the concerned authority or otherwise. In the proceedings initiated by respondent No.3, because of the stand taken by her that respondent No.4 (Md. Sattar @ Mokhan) was also claiming right, title and interest in the suit property by virtue of a sale certificate issued in his favour by the Custodian, notices were issued by the competent authority to him as well as Vishwanath S/o Sukhi and Ram Abhilakh S/o Parmanand to evoke their response. Despite opportunity given by the competent authority, they failed to produce any document, much less original documents, evidencing that the Custodian had issued a sale certificate in respect of the suit property in favour of respondent No.4 (Md. Sattar @ Mokhan). 11. The appellant as well as respondent No.4 having failed to produce any original document and since there was no record or entry in the official register to show that such a sale certificate was issued in favour of respondent No.4 (Md. Sattar @ Mokhan) by the Department, as concurrently found by the authorities, it must follow that their claim in respect of the suit property remained unsubstantiated. In other words, the appellant has not been able to establish any causal connection with the suit property either on account of allotment of the suit property to him or his predecessors, by the competent authority or otherwise. The Assistant Custodian on analysing the factual position in its judgment observed thus:?I have gone through the file and found there is no such documents have been filed by the objector whose genuineness can be examined except the objection which has been filed on behalf of O.P. Sri Ram Abhilakh stating that this tribunal has got no jurisdiction to examine the genuineness of sale certificate that which one is correct out of these two documents. In this regard I have to mention that this has been the consistent view of the higher tribunal under the O.P. (C & P) Act No. 44 of 1954, that in a case in which the nature of each complaint is that some forged deeds have been reported to have been issued by the Assistant Castodian/Managing Officer the said officer can meet enquiries and can ask the person concerned to produced the relevant papers to examine their veracity find out if any such deed was at all issued. In this connection a copy of order of Sri Prem Narain, Settlement Commissioner (Judicial) passed on 11.10.76 in appeal No.14/SC/PN/U/70,SriMohd. Shamim Vs. Managing Officer, Lucknow was filed as an examper, in which it has been held that the Managing Officer can certainly look into the matter on receipt of complaint and can pass appropriate order on that basis. Accordingly, the parties were directed to produce relevant papers, the applicant Smt. MaimunNissa filed the original & photo copy of receipt of earnest money, acceptance letter dt. 10.6.65 and the sale certificate dt. 7.7.65 referred to above, and supported her contention on affidavit. Sri Ram Abhilekh did not produce any document and also did not produce Sri Mohd. Satar @ Mohkan the alleged original transferred from the custodian to prove the genuineness of the transaction. On the other hand the evaded to file the documentation the plea that the same cannot be looked into by the tribunal; which as stated above can always be looked in this circumstances of the case. In the absence of any papers or evidence of Sri Ram Abilekh the matter was examined with the available records. The connected file shows that first the house was put to sale on 16.3.62 when the bid of Smt. Amina was the highest for Rs.1210/- and an amount of Rs.121/- was deposited but subsequently for non deposit the balance money the sale was cancelled and the earnest money deposited was forfeited. It further seems from the documents filed that the house was put to sale on 12.7.82 and it was knocked down in favour of MaimunNissa, who deposited Rs.170/- as earnest money and on receipt of acceptance letter dt.10.6….. she deposited the balance sale consideration money on 26.6.65 and thereafter the certificate of sale was issued in her favour on 7.7.65 by Sri B.B. Verma, Managing Officer, Varanasi. I have seen the original documents. There is nothing to discredit the said documents and the testimony of Smt. MaimumNissa. There is no record in the office or any entry in the office register to show that any Sale Certificate was issued in favour of Mohd. Sattar @ Mohkan by this department. The sale certificate issued in favour of Smt. MaimunNissa is accordingly held valid.? (emphasis supplied)12. This finding of fact and conclusion came to be affirmed by the Appellate Authority as well as the Revisional Authority for which reason the High Court declined to interfere. Once it is held that no sale certificate issued in favour of respondent No.4 (Md. Sattar @ Mokhan) by the Custodian of Evacuee Property, under the 1950 Act is forthcoming nor any entry in the official register is found in that regard, all persons claiming through him (including the appellant) must suffer the consequences of such a finding of fact. Notably, respondent No.4 (Md. Sattar @ Mokhan) has not claimed right in respect of the suit property in any other capacity, and in that view of the matter, we fail to understand as to how Md. Sattar @ Mokhan, or any person claiming through him, could be permitted to question the validity of the sale certificate dated 7 th August, 1965 issued by the Managing Officer in favour of respondent No.3 (Mainmum Nissa @ Kumani). 13. The appellant had placed emphasis on the finding rendered in the civil suit filed by the husband of respondent No.3, for permanent injunction against respondent No.4 (Md. Sattar @ Mokhan). However, we agree with the concurrent view taken by the authority concerned that the said finding will be of no avail to the appellant. For, respondent No.3 was not impleaded as a party in the said suit.

Decision (1 = appeal accepted, 0 = rejected): 0

Explanation:
0[ds]10. From the acceptance letter, it is noticeable that it has been issued under the signature of one B.B. Verma, Assistant Custodian and the same person issued a certificate of sale in his capacity as Managing Officer. It must be kept in mind that the application was moved by respondent No.3 and not by the appellant or any of his statedIn that situation, the enquiry into the application ought to be limited to the fact as to whether the documents relied upon by respondent No.3 before the authority, to claim that she had acquired right, title and interest in the suit property as a consequence of issuance of certificate of sale, were genuine. Neither the appellant nor hishas challenged the validity of the said official documents issued in favour of respondent No.3 before the concerned authority or otherwise. In the proceedings initiated by respondent No.3, because of the stand taken by her that respondent No.4 (Md. Sattar @ Mokhan) was also claiming right, title and interest in the suit property by virtue of a sale certificate issued in his favour by the Custodian, notices were issued by the competent authority to him as well as Vishwanath S/o Sukhi and Ram Abhilakh S/o Parmanand to evoke their response. Despite opportunity given by the competent authority, they failed to produce any document, much less original documents, evidencing that the Custodian had issued a sale certificate in respect of the suit property in favour of respondent No.4 (Md. Sattar @ Mokhan).The appellant as well as respondent No.4 having failed to produce any original document and since there was no record or entry in the official register to show that such a sale certificate was issued in favour of respondent No.4 (Md. Sattar @ Mokhan) by the Department, as concurrently found by the authorities, it must follow that their claim in respect of the suit property remained unsubstantiated. In other words, the appellant has not been able to establish any causal connection with the suit property either on account of allotment of the suit property to him or his predecessors, by the competent authority or otherwise.This finding of fact and conclusion came to be affirmed by the Appellate Authority as well as the Revisional Authority for which reason the High Court declined to interfere. Once it is held that no sale certificate issued in favour of respondent No.4 (Md. Sattar @ Mokhan) by the Custodian of Evacuee Property, under the 1950 Act is forthcoming nor any entry in the official register is found in that regard, all persons claiming through him (including the appellant) must suffer the consequences of such a finding of fact. Notably, respondent No.4 (Md. Sattar @ Mokhan) has not claimed right in respect of the suit property in any other capacity, and in that view of the matter, we fail to understand as to how Md. Sattar @ Mokhan, or any person claiming through him, could be permitted to question the validity of the sale certificate dated 7 th August, 1965 issued by the Managing Officer in favour of respondent No.3 (Mainmum Nissa @ Kumani).The appellant had placed emphasis on the finding rendered in the civil suit filed by the husband of respondent No.3, for permanent injunction against respondent No.4 (Md. Sattar @ Mokhan). However, we agree with the concurrent view taken by the authority concerned that the said finding will be of no avail to the appellant. For, respondent No.3 was not impleaded as a party in the said suit.