QAYYUM KHAN Vs. DDA

JUDGEMENT

(1.) The dispute in these proceedings encapsulates one among the several facets of that seemingly unending saga of problems, spawned by of partition of the country. The issues raised exemplify that the woes of one generation are also passed on to the next, challenging the judicial process to throw up lasting solutions. The petitioner claims restoration of a half share in Khasra No. 591, Jungpura, which had been taken over by the Custodian of Evacuee property on the assumption that the owner had lost his life during the violence which occurred at that time. Chand Khand, father of the petitioner, was the owner of inter alia half share measuring 422 sq. yards falling in Khasra No. 591, Bhogal, Jungpura (hereafter called "the suit property"). He was also owner of other adjacent properties bearing khasra No. 593 and 594.

(2.) As part of the arrangements made at the dawn of Independence, for management and administration of properties which had fallen vacant, (left behind by those migrated to Pakistan or of those belonging to persons who lost their lives), the Administration of Evacuee Property Act, 1950 (hereafter "the 1950 Act") was one in a series of legislative measures enacted by Parliament. Chand Khan had apparently gone missing or at least was not available for sometime in the wake of post partition riots. Apparently, it was reported that either he was killed during the riots or had migrated to Pakistan. Acting in terms of the 1950 Act, the properties of Chand Khan including inter alia the suit property was declared evacuee property; they vested in the custodian.

(3.) Chand Khan had in fact never migrated to Pakistan; he was alive and working in New Delhi. He approached the authorities for restoration/restitution of the properties. An inquiry report dated 11.10.62 confirmed the veracity of Chand Khan's claims. A further report was prepared on 27.12.63 by the Assistant Custodian recommending issuance of final order, for restoration.