JAI LAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner in the present case has filed a writpetition seeking the following reliefs :

(2.) Briefly stating the facts of the case are that the writ petitioner wasa mortgagee of the land comprised in Khasra Nos.l582, 1583, 1584 and 1585Khewat No.2 Khatauni No. 130, measuring 13 bighas4 biswas, situated invillage Punjab Khore, Delhi State since 31/01/1946. However,.before theproperty could be redeemed, partition of the country took. place and the mortgagor left the country and this property came to be treated as 'evacuee property'. The mortgage was with possession. The mortgage debt was deemed tohave been satisfied at the end of 20 years of enjoyment of usufruct by thepetitioner vide order dated 16.3.61 passed by Shri C.L. Mahey, CompetentOfficer who pronounced on the claim of the petitioner, under Section 7 of theEvacuee Interest (Separation) Act, 1951 and fixed the petitioner's entitlementof Rs. 510.00 under Section 9(2) of the said Act. The competent officer in thesaid order dated 16/03/1961 came to the conclusion that "as the mortgagee has enjoyed the usufruct of the property from the date of mortgagetill now, mortgage amount stands reduced to 204X5/20 equal to Rs.510.00, under Section 9(2) of the Evacuee Interest (Separation) Act for whichamount the claim is accepted. The only feasible mode of separating the evacueeand non-evacuee interests is sale of the property by auction".

(3.) It is conceded that neither the amount of Rs. 510.00 was paid to thepetitioner by the Custodian of Evacuee Property Delhi nor was the land put toauction, notwithstanding orders dated 30.4.66 passed by Shri K.L. Wason, Competent Officer, who held "period of 20 years having elapsed on 31.1.1966 theland in question stands automatically redeemed infavour of the Custodian without any encumberances. The Custodian can now take possession of the landfrom the mortgagee claimant."