Mst. KHATOON BEGUM vs Mst. CHAND BIBI AND OTHERS
This matter concerns a dispute over the ownership of property premises No. 276/2 in Hyderabad, which was originally transferred to the respondent, Mst. Chand Bibi, under Settlement Scheme No. 5 in 1959. The petitioner, Mst. Khatoon Begum, claimed rights through her deceased husband, Ibne Ali, who had purchased a portion of the property at an auction after it was misrepresented as an undisposed evacuee shop. The core legal question was whether the property had been validly transferred in its entirety to the respondent in 1959, rendering the subsequent auction of a portion of the same premises unlawful. The Supreme Court upheld the High Court's decision, finding that the premises constituted a single residential unit transferred to the respondent in 1959, and that the subsequent auction was a 'managed show' based on misrepresentation. The Court held that since the property was already transferred, there was no legal basis for a separate auction or further inquiry, as such proceedings would constitute unnecessary harassment and a waste of public time. The petition for leave to appeal was dismissed.
- Whether a property already transferred under a settlement scheme can be separately auctioned as an undisposed evacuee property?
- Does the acknowledgment of a landlord's title by an occupant preclude the occupant from later claiming the property as an undisposed evacuee asset?
- Can a court dismiss a petition for further inquiry when the underlying property dispute has already been conclusively determined by the transfer of the entire premises?
ORDER
' MUHAMMAD YAQUB ALI, J.-The entire premises bearing No, 276/2,, situated in Hyderabad was transferred by drawing of lots under Settlement Scheme No, 5, to Mst. Chand Bibi, respondent No, 1 in the year 1959. P. T.
0. Was issued to her on 11-1-1960. One Abbas All contested the-transfer and the matter went up to the Settlement Commissioner who upheld the transfer in favour of Chand Bibi.
Part of the house was in occupation of Mirza Sultan Beg, the local, Manager of A. P. P. He acknowledged Chand Bibi as the owner of the house and on 28-6-1966 paid her Rs, 1,683.58 as arrears of rent. Earlier he had converted the two rooms in his occupation into an office by making unauthorized construction. A notice was thereupon issued to Chand Bibi as owner of the house by the Cantonment Board objecting to the construction made without its permission. Respondent No, 1 thus came to know of the structural changes made in the house by Mirza Sultan Baig.
' Earlier in 1965, Mirza Sultan Baig had informed the Settlement Authorities that evacuee shop bearing No, 276/2 in his occupation had not been disposed of so far whereupon the Additional Settlement Commissioner put the shop to auction and it was purchased by Ibne Ali, the deceased husband of Mst. Khatoon Begum, petitioner herein, for Rs, 4,900. The purchase was, in fact, only a benami transaction for the benefit of Mirza. Sultan Baig as an agreement had already been executed between them for sale of the shop to the former for Rs, 12,500. A P. T.
0. And P. T. D. Were also issued in the name of Ibne Ali.
' As mentioned above when Mst. Chand Bibi came to know about the conversion of the two rooms in the occupation of Mirza Sultan Baig, she made inquiries whereupon she learnt about the auction sale in favour of Ibne Ali. She then filed an appeal before the Additional Settlement Commissioner who, on a detailed inquiry, found that the so-called auction was a 'Managed Show' as in fact, the whole house including the portion converted into a shop stood transferred to Mst. Chand Bibi in 1959. The P.1 .
0. And P. T. D. Issued in the name of Ibne All were, on these findings, cancelled. The latter thereupon filed a revision petition before the Settlement Commissioner who set aside the order of the Additional Settlement Commissioner and remanded the case for fresh inquiry. Mst. Chand Bibi filed a writ petition in the High Court challenging the legality of the order which has been allowed and order of the Settlement Commissioner set aside, as without lawful authority. The petitioner seeks leave to appeal from the order of the High Court.
On hearing the learned counsel and perusing the record, we are in agreement with the High Court that premises No, 276/2 was a house and the whole of it was transferred to Mst. Chand Bibi in 1959.
It is entered in the General Register of the Hyderabad Cantonment as one house bearing No, 276/2 and comprising an area of 1404 sq. Ft. There was no other property bearing No, 276/2 which could be the subject-matter of separate disposal by auction in favour of Ibne Ali. It is also significant that Mirza Sultan Baig who is in occupation of the disputed part of the house had acknowledged Mst.
Chand Bibi as the owner of the house and paid to her Rs, 1,683 58 as arrears of rent by a Bank Draft.
There was thus no justification for directing a further inquiry in the case which would have resulted in unnecessary harassm ent of respondent No, I and waste of public time.
' The petition for special leave to appeal is dismissed. Petitioner dismissed.