R L AGGARWAL Vs. DARSHAN LAL ASA RAM

JUDGEMENT

(1.) THE Custodian informed the Competent Officer appointed under the Evacuee Interest (Separation) Act, 1951, in accordance with provisions of Section 6 of the Act to the effect that the land measuring 110 bighas situated in village Bapah, tehsil Thanesar, was composite property in which evacuees had mortgagors' interest. He required separation of that interest. The competent Officer was also informed that Darshan Lal claimed the mortgagee's interest in the property. In response to the notice issued by the Competent Officer, Darshan Lal filed his claim under Section 7 of the Act alleging that the evacuees had no interest in the property when they left this country for Pakistan as the mortgagees had been in continuous possession of the land in dispute as such for more than 60 years by that time and relied on Article 148 read with Section 28 of the Indian Limitation Act. The Competent Officer held that the Custodian's declaration that the evacuees as mortgagors had interest in the property was binding on him and then treating it as composite property extinguished that mortgagee's interest therein in accordance with Section 9 of the Evacuee interest (Separation) Act, 1951. The Appellate Officer on Darshan Lal's appeal affirmed this decision. Darshan Lal then applied under Article 226 of the Constitution challenging the validity of these orders. A Single Bench of this Court quashed these orders on 1-10-1958. The learned judge in the course of his judgment observed:

(2.) THE only point, therefore, that arises in this appeal is whether the Custodian or the competent Officer has to determine whether the evacuees had any interest in the property after proceedings under the Evacuee Interest (Separation) Act have been taken. To decide this point it is necessary to examine the powers conferred on the Competent Officer under the Evacuees interest (Separation) Act.

(3.) NOW under Section 6 of the Evacuee Interest (Separation) Act, the Custodian or a claimant may approach the Competent Officer for separation of the evacuees' interest wherein non-evacuees have also an interest. Such a property is called "composite property" in the Act. It is obvious from the provisions of Section 6 that the Competent Officer has jurisdiction to determine the evacuees' interest and then to separate it only if the property concerned is composite property as defined in the Act and not otherwise. The condition precedent for the exercise of powers under the Evacuee Interest (Separation) Act is that the property must be composite property. Now this expression "composite property" has been defined in Section 2 (d)of the Act as meaning :