CUSTODIAN EVACUEE PROPERTY PUNJAB Vs. JAFRAN BEGUM

JUDGEMENT

(1.) In this appeal by special leave the only question that arises is the interpretation of S. 46 of the Administration of Evacuee Property Act, No. 31 of 1950, (hereinafter referred to as the Act) . Brief facts necessary in that connection are these. The house in dispute is situate in Malrrkotla and belonged to one Muradbux who died sometime in 1922. In 1947, the house was in possession of Muradbux's son Mohd. Rafiq and Muradbux's widow Jafram Begum. Sometime after partition, Mohd. Rafiq migrated to Pakistan. Thereafter notice was issued under Section 7 of the Act to Dildar son of Mohd. Rafiq to show cause why the house be not declared at evacuee property. No notice was however issued to respondent Jafram Begum. It seems that Dildar appeared before the Deputy Custodian and admitted that his father had migrated to Pakistan. So on June 7, 1952, the house was declared to be evacuee property. No appeal was taken against this order which thus became final. However on March 2, 1954, the respondent filed an application before the Custodian claiming that by virtue of a will made in her favour by Muradbux in 1918 he had bequeathed the house to her and therefore she was the owner of the entire property. On July 3, 1954, the Custodian held that under Mahomedan law a person could not will away more than one-third of his property and as it had not been proved that the house willed away by Muradbux was one-third of his entire property or less the will could not be acted upon. In consequence the application was dismissed. It seems that thereafter the respondent made some representations to the then Government of PEPSU but it is not known what happened thereto. On September 10, 1956, the respondent applied for review of the order of the Custodian dated July 3, 1954. That review application was dismissed on April 5, 1957 mainly on the ground that it was belated. The respondent then went in revision to the Deputy Custodian General but her revision was dismissed on September 27, 1957. Thereafter on December 3, 1958, the Deputy Custodian General suo motu reviewed the order of September 27, 1957 holding that the respondent as the widow was entitled to one-eighth share under Muhammadan law. He therefore held that only seven-eighth share of the house became evacuee property and one-eighth share of the respondent was not evacuee property.

(2.) In the meantime, the suit out of which the present appeal has arisen was filed by the respondent on March 3, 1958 She based her case on the will of Muradbux already referred to and prayed for a permanent injunction against the Custodian Evacuee Property Punjab and others barring them from evicting her from the house in dispute. The suit was dismissed on December 31, 1958 by the trial court holding that the civil court had no jurisdiction to decide the matter in the face of S. 46 of the Act The trial court decided the other issues also but we are not concerned with them as in the present appeal only the question of jurisdiction of civil courts to entertain the suit has been raised.

(3.) The respondent then went in appeal to the Additional District Judge. The Additional District Judge held relying on certain decisions of the Punjab High Court that civil courts had no jurisdiction to entertain a suit of this nature and therefore dismissed the appeal. He also decided other points but we are not concerned with them.