TRILOK CHAND Vs. SYED AZHAR HUSAIN AND OTHERS

JUDGEMENT

(1.) The dispute between the parties with regard to plots Nos. 68, 99-A and 642 has come to this Court for the third time. These plots were the exproprietary tenancy of Zahid Husain and Maqbul Husain. They migrated to Pakistan. The plots were declared an evacuee property on 23rd May, 1951. On 16th July, 1954 the Assistant Custodian allotted the plots to Trilok Chand, the present appellant, Azhar Hussain, respondent No. 1 was in possession of the plots. Trilok. Chand moved the Assistant Custodian for delivery of possession. The Assistant Custodian issued notice to respondent No. 1 under Sec. 8 (4) of the Administration of Evacuee Property Act, requiring him to surrender possession. On 10th. Oct., 1955, respondent No. 1 made an application before the Assistant Custodian sating that he had become Bhumidhar of the plots because he was a recorded occupant thereof, and had deposited 20 times rent as required by clause 4 of the Vth Schedule of the U. P. Zamindari Abolition and Land Reforms Act.

(2.) On 20th Nov., 1957 the Central Government issued a notification under the Displaced Persons Compensation and Re habitation Act, 1954 acquiring large areas of evacuee land in this State. The Assistant Custodian dismissed the application of Azhar Husain, respondent' No. I. on the finding that since the Iand had been acquired by the Central Government he had no jurisdiction to deal with it, Aggrieved, the respondent filed a writ petition. Honourable Oak, J. (as he then was) held that since both the parties contend that the land in question had ceased to be an evacuee property, though on different grounds, the Assistant Custodian had rightly held that he had no jurisdiction to dispose of the application of the respondent. It was hence nor necessary to consider whether Azhar Husain, the respondent, was a Bhumidhar. On this view, the writ petition was dismissed on 6th Aug., 1962.

(3.) During the pendency of the writ petition, proceedings under the U. P. Consolidation of Holdings Act commenced in the village. Both sides filed objections claiming title. The Consolidation Officer by his order dated 21-6-1962 dismissed both the objections. He held that the land was an, evacuee property and, therefore, in view of Sec. 48-A (1) of the U. P. Consolidation of Holdings Act, the Consolidation authorities had no jurisdiction to decide title disputes to such land. Trilok Chand did not appeal against the dismissal of his objection. Azhar Husain filed an appeal. He challenged the finding that the land was evacuee property. The Settlement Officer (Consolidation) held that Azhar Husain was not a recorded occupant. He did not become the Bhumidhar. The land continued to be an evacuee property. The jurisdiction of consolidation authorities was barred by Sec. 48 A. The appeal was dismissed on 28th July, 1962. This order was upheld in second appeal.