SADHU RAM Vs. CUSTODIAN GENERAL OF EVACUEE PROPERTY

JUDGEMENT

(1.) This is an application under Art.32 of the Constitution which arises under the following circumstances. The petitioner, Sadhu Ram purchased from one Imam-ud-Din, a muslim evacuee, 43 Bighas 14 Biswas of agricultural land comprised in Khasra Nos. 2135 to 2139, 2158, 2159,2171,2204 and 2206 with 'Shamlat' rights in village Kaithal, District Karnal, Punjab. The sale deed was executed on 6-9-1947, and registered on 9-9-1947, before Imam-ud-din left for Pakistan.

(2.) Learned counsel for the petitioner relies on the fact that his transaction which on enquiry, was held to be genuine, was entered into before the East Punjab Act 14 of 1947 was enacted and before the amendment therefore by insertion of S. 5-A came into operation. He contends that the retrospective operation of S. 5-A in such circumstances amounts to deprivation of his property, without any compensation and is, therefore, hit by Art.31 of the Constitution.

(3.) It appears to us clear that S. 5-A cannot be read as a legislative provision depriving the owner of his property. There can be no doubt that so far as transactions subsequent to the date of amendment are concerned, it is nothing more than a restriction on the transfer of property by the owner thereof. Any transferee in such a situation takes the property subject to the requirement of confirmation. The case would, then, be one which falls under Art. 19 of the Constitution and not under Art. 31.