JUMAN RAM ETC Vs. NARAIN DASS ETC

JUDGEMENT

(1.) This is a second appeal by the plaintiffs and the facts rising rise to it are these. The house in dispute, which is situated in village Ghaibipur, Tehsil and District Hissar, was shown in the relevant register maintained by the Rehabilitation Department as evacuee property. A copy of the relevant entry appears as Exhibit P.1 and according to the same the house in dispute was allotted to Banu Ram, the father of the plaintiffs. Later on, the Central Government acquired the house in dispute under Section 12 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (hereinafter referred to as the Compensation Act) and, therefore, it became part of the compensation pool under Section 14 thereof. On the 21st of October, 1955, Central Government transferred the house in dispute to the plaintiffs through sanad Exhibit P. 3 and on the 3rd of April, 1961, the plaintiffs brought a suit against the defendant claiming possession of the house in dispute on the grounds that they were owner thereof by reason of transfer made in their favour by the Central Government and that the defendants were trespassers.

(2.) Narain Dass (defendant No. 1) alone contested the suit. He pleaded that the house in dispute had never been evacuee property, that he had built it himself on a piece of non-evacuee land and that it had not been transferred to the plaintiffs. The two Courts below held that the allotment of the house in dispute in favour of the father of the plaintiffs and the ultimate transfer thereof in their own favour was fully proved but on issue No. 3 which ran thus :

(3.) This appeal must succeed inasmuch as Section 46 of the Administration of Evacuee Property Act, 1950, is a complete bar to the trial of issue No. 3 by the civil Courts. That Section states -