AMAR NATH Vs. DEPUTY CUSTODIAN GENERAL PUNJAB

JUDGEMENT

(1.) THIS is an appeal under Clause 10 of the Letters Patenl against a judgment of a learned Single Judge of this Court dismissing a petition which had been filed under article 226 of the Constitution.

(2.) THE appellant, Amar Nath, had dealings with certain Muslims prior to the partition of the country. It appears that he owed Rs. 5,900/- to those persons. Recording to the petitioner, a sum of Rs. 7400/- Was due to him from the Muslim evacuees. On 11th November 1950 a demand was made from him by the assistant Custodian of Jullundur in respect of the sum of Rs. 5,900/ -. He sought to adjust the debt due from him against the sum of Rs. 7,400/- but that was disallowed. When this Court held in firm Sahib Dayai Bakshi Ram v. Assistant custodian of Evacuees' Property, 1952-54 Pun LR 318 : (AIR 1952 Punj 389), and firm Pariteshah Sadasliiv V. The Assistant Custodian of Evacuee Property, 1952-54 pun LR 468 : (AIR 1953 Punj 21), that the Custodian could not make recovery of time-barred debts under Section 48 of the Administration of Evacuee Property Act, 1950 (as it stood before its amendment by Act No. 91 of 1956), the Custodian department deleted this" demand holding that it was not enforceable. This happened in 1953.

(3.) AFTER the amendment of Section 48 in 1956, the Custodian Department renewed the demand in respect of Rs. 5,900/- which was contested by the petitioner, but on 21st March 1957 the Assistant Custodian decided against him. Having failed before the Custodian-General in revision, the appellant approached this Court in december 1958 with a petition under Article 226 of the Constitution challenging the legality and validity of The demand which was sought to be enforced against him under Section 48 of the Act.