HAJI SIDDIK HAJI UMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS appeal by certificate is filed against the judgment and decree dated 29/07/1970 passed by the High Court of Gujarat in First Appeal No. 438 of 1962 affirming the judgment and decree dated Aug. 27, 1962 passed in Special Civil Suit No. 254 of 1959 on the file of the Civil Judge (Senior Division), Junagadh dismissing the suit of the plaintiffs for possession of the properties mentioned in Schedule I attached to the plaint and for damages and other reliefs against the Union of India.

(2.) THE properties in question which are situated in the area which formed part of the former princely State of Junagadh originally belonged to one Haji Umar Kasam, a resident of Junagadh who died on 22/05/1956. THE plaintiffs are his heirs and legal representatives.

(3.) AGAINST the order passed by the Custodian on the appeal on 2/06/1950 a revision petition was filed before the Custodian General under S. 27 of the Act. The Custodian General took up for consideration the petition filed on 19/04/1950 requesting him to withdraw the appeal then pending before the Custodian and the revision petition filed against the order passed in appeal by the Custodian together. After hearing the counsel for Haji Umar Kasam the Custodian General disposed them of by his order dated 9/08/1950. Though he agreed with the submission made on behalf of Haji Umar Kasam that the appeal filed against the order passed by the Custodian, Junagadh on 20/05/1949 could not be disposed, of by the Custodian of Saurashtra State, who was of the same rank as the Custodian who had passed the order under appeal, he found it difficult to go behind the order of the High Court of Saurashtra which had transferred the appeal to the Custodian of Saurashtra by its order agreeing with the joint submission made by the cannot for the appellants therein and tile counsel for the Custodian. That judicial order according to the Custodian General, having become final could not be interfered with by him. He also felt that it was not possible for him to set aside the order of 20/05/1949 passed by the Custodian, Junagadh as the office of the Custodian General was not in existence then, even if he could interfere with the appellate order passed by the Custodian of Saurashtra holding that the appeal was barred by time. For these and other reasons, the Custodian General dismissed both the petitions dated 19/04/1950 and the revision petition by his order dated 9/08/1950. That order was allowed to become final.