SULEMAN Vs. APPELLATE OFFICER

JUDGEMENT

(1.) The short question in this appeal is about the meaning of the word 'possession' as used in section 10(a) (iv) of the Evacuee Interest (Separation) Act, 1951 (Act of 1951).

(2.) The appellant Suleman and some of his collaterals were co-sharers in land comprising Khewat No. 19 Khatauni No. 115 of 121 in village Satbari Delhi. They were the owners in possession of this land before the partition of the country. On account of the division of the country and the communal disturbances which followed in its wake the collaterals migrated to Pakistan. On their migration their right, title and interest in the property vested in the Custodian of Evacuee Property by virtue of the Administration of Evacuee Property Act, 1950 (Act of 1950).

(3.) The share of the collaterals in the said land was found to be 11/12. The appellant's share was only 1/12. The appellant was a non-evacuee. The Custodian laid in- formation before the Competent Officer under the Act of 1951 that in the aforesaid agricultural land which was a composite property the evacuees' share which had vested in him be separated from the share of the appellant, a nonevacuee. The Competent Officer partitioned the land by his order dated 16th December, 1959. The composite property which was a joint Khata was divided into two separate Khataunies. To the share of the appellant he allotted Khasra No. 77/2 measuring 4 bighas 2 biswas. To the Custodian he allotted the remaining land measuring 44 bighas 15 biswas. The land allotted to the Custodian included Khasra No. 23/1 measuring 4 bighas. We are mentioning this because much will turn on this particular Khasra as we shall see later.