RATAN LAL Vs. CUSTODIAN OF EVACUEE PROPERTY DELHI

JUDGEMENT

(1.) This is an appeal against an order passed in execution by the Senior Subordinate Judge, Delhi, dismissing the execution petition of Ratan Lal on the ground that Rs. 5,000/- worth of 12 years Post-Office National Savings Certificates deposited by the judgment-debtor with the Central Public Works Department as security were evacuee property.

(2.) The Custodian Evacuee Property, Delhi, applied to the executing court on 810- 1949, in which he stated that Nur Mohammad had become an evacuee and the property lying in Court was, therefore, evacuee property. In order to determine whether it is evacuee property or not it is necessary to briefly state the facts of the case. These certificates were deposited with the Central Public Works Department as security. On 12-6-1946, Ratan Lal decree-holder got these 12 year Post Office National Savings Certificates attached at a time when no evacuee legislation existed. On 18-5-1949, the Court was informed that these certificates had been deposited in the Reserve Bank. It is claimed that these certificates were sold and the cash deposited to the credit of the executing Court, but the Custodian's counsel denies this fact and there is nothing on the record to show one way or the other; at least none has been brought to my notice.

(3.) On 14-9-1947, East Punjab Evacuees' (Administration of Property) Ordinance of 1947 was promulgated and in this Ordinance the definition of evacuee property was very exhaustive and included bank deposits. On 13-12-1947, the East Punjab Evacuees' (Administration of Property) Act, _XIV of 1947, was enacted and in the definition of evacuee property cash deposits in banks were excluded. By Section 8 of this Act all property which had vested in the Custodian was held to be exempt from attachment, distress or sale and if any attachment had been made it ceased to have effect if the attachment was after 13-9-1947. This Act was replaced as far as Delhi was concerned by the Administration of Evacuee Property (Chief Commissioners' Provinces) Ordinance, 1949, Ordinance No. XII of 1949. This was published in the Gazette on 13-6-1949. Evacuee property under this Ordinance also did not include cash deposits in banks. By Section 15(2) of this Ordinance any attachment which was subsisting on the commencement of this Ordinance in respect of any evacuee property which had vested in the Custodian ceased to have effect. This Ordinance again was replaced by Central Ordinance No. XXVII of 1949. It came into force on 18-10-1949. Cash deposits in banks continued to be exempted from the definition of evacuee property. By Section 17(2) of this Ordinance any attachment, which was subsisting of, any evacuee property which had vested in the Custodian ceased to have any effect on the commencement of this Ordinance. And this Ordinance was replaced by the Administration of Evacuee Property Act, 1950, which was enacted by the Parliament and was published in the Gazette of India on 18-4-1950. Under this Act property was defined in Section 2(i) :