U O I Vs. QAYYUM KHAN

JUDGEMENT

(1.) CHAND Khan, father of the first respondent, was the owner of half share measuring 211 square yards falling in Khasra No. 591, Bhogal, jungpura (hereinafter called the suit property ). He was also owner of other adjacent properties bearing Khasra Nos. 593 and 594. 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. The properties of chand Khan including the suit property were declared evacuee property under the Administration of Evacuee Property Act, 1950 (hereinafter referred to as 1950 Act) and they vested in the Custodian. Chand Khan had in fact never migrated to Pakistan; he was alive and working in New delhi. In 1954 he moved an application for restoration/restitution of the properties. An enquiry report dated 11th October, 1962 confirmed the veracity of Chand Khan's claims. A further report was prepared on 27 th december, 1963 by the Assistant Custodian recommending issuance of final order for restoration. Even when the process for restoration was on, another wing of the Central Government put the suit property to auction. As a result of this, the suit property was purchased by one Chhida Ram for rs. 4,768/- in 1965 and a conveyance was executed in his favour on 30th july, 1965. Chhida Ram sold the property to Smt. Kala Wati by virtue of a sale deed dated 11th October, 1965.

(2.) ON 1st August, 1966, the Central Government acting through the settlement Commissioner passed an order in terms of Section 16 of the 1950 Act for restoration of properties to Chand Khan. The relevant portion of that order reads as follows:-AND WHEREAS the Central Government is satisfied:

(3.) LATER, on 4th October, 1971 in supersession of 1966 order apparently in view of the declaration of law by the Supreme Court , the Central government acting through the Department of Rehabilitation passed the following order:-