LAL CHAND Vs. BEGUM JAN DECD MOHAMMAD AHMED

JUDGEMENT

(1.) This is second appeal arising from the judgment and decree dated December 24, 1976, of an Additional District Judge by which he had dismissed the appeal with costs against judgment and decree dated July 16, 1975 of a Sub Judge, by which a suit was decreed for recovery of possession in respect of house bearing No. 10462, Bagichi Pirji, Qasimpura, Subzi Mandi, Delhi. (Ward No. 12 as depicted in red colour in Ex. PW7/8) and decree of recovery of Rs.382/32P as mesne profits was also passed with costs.

(2.) According to the case set up by the respondent/plaintiff, she had obtained perpetual lease of the land measuring 14 Bighas 10 Biswas in Khewat and Khata No.204/246 comprising of Khasra Nos.420,421,252/5 & 423. This lease-deed is dated March 3, 1943. Ex. P1 is the copy of the said registered lease-deed. Ex.P2 is the copy of the map showing the said land which was leased out to the respondent which was also registered alongwith the lease-deed. There were certain unauthorised occupants in the property located in the said land which bore Municipal Nos. 12003 & 11991 (Old) and a suit was filed by the respondent against the said unauthorised occupants in the year 1943 which was Suit No-257/43. The said suit is stated to have been decreed and after demolishing the super-structure possession is stated to have been obtained by the respondent/plaintiff and thereafter the respondent/ plaintiff is stated to have raised certain construction and in 1947 due to partition of the country and riots taking place, it is alleged that appellant occupied the property now bearing No. 10462 (of which Old No. was 11991). It is again the case of the respondent/ plaintiff that this property was declared evacuee property and a petition was filed before the Assistant Custodian and vide order dated December 15,1953, the super-structure of this property was declared as non-evacuee whereas the land of which the respondent was held to be perpetual lease holder was stated to be evacuee property. The matter was taken up before the Custodian and the Custodian vide order dated 27th March 1954 held that even the land which, in fact, was owned by Agha Mohammad Qasim was not evacuee property inasmuch as the owner had never become an evacuee. So, the entire property was declared as non-evacuee by this order which became final.

(3.) The respondent had also set up the plea that vide order dated September 25,1959, the Deputy Custodian General had declared the land comprised in Khewat No. 193 Khasra Nos. 789/423/1.420,421,422,788/423/1 measuring 14Bighas as non-evacuee mentioning that the respondent i.e. Begum Jan (since deceased) was having the leasehold rights in the said land and the land belonged to Mohd.Qasim who had not become an evacuee and thus the said land was also non-evacuee.