JASWANT SINGH Vs. CUSTODIAN EVACUEE PROPERTY PUNJAB JULLUNDUR

JUDGEMENT

(1.) MAL Singh (Now deceased), father of petitioners, mortgaged his land with possession in village Sahnewal Kalan, Tehsil and District, Ludhiana, with Muslims before the partition of the country. The Muslim mortgages migrated to Pakistan at the time of the partition of the country. It appears that after the migration of the Muslim mortgagees to Pakistan, Mal Singh took possession of the land which he had otherwise mortgaged with possession with them. After partition of the country, the land in revenue records was shown as owned by Mal Singh and under mortgage with the Muslims. The information about this land which was being shown as composite in the revenue records, was sent to the Competent Officer, Ludhiana, obviously for separation of the evacuee interest from the non-evacuee interest therein. The Competent Officer issued requisite notices individually as also by publication in the press. No claim was filed by anybody, including Mal Singh. The Competent Officer, Ludhiana, vide order dated 26th Aug. 1954 (Annexure 'b') vested the entire land in the Custodian, The order Annexure 'b' reads : "notices B and C have been duly issued, but no claim has been filed within the prescribed period of 60 days, The property is allowed to vest in the Custodian. "

(2.) IN pursuance of this order the land was mutated in the name of Central Government in the revenue records on 7th Aug. 1962. Kirpal Singh respondent was allotted land measuring 32 Kanals 10 Marlas out of the land which at one time was owned by Mal Singh and was vested in the Custodian by the Competent Officer in 1954. Mal Singh died in Oct. 1969. The Qanungo delivered the possession of the allotted land to Rajinder Pal Singh son of Kirpal Singh on 23rd Dec. 1969 in the presence of Jagit Singh petitioner son of Mal Singh vide report (Annexure 'r2') In 1970 the petitioners approached the Assistant Custodian for getting their land redeemed, which stood mortgaged in favour of the Muslims. The petitioners having failed to get relief from the Assistant Custodian, filed an appeal against the order of the Competent Officer dated 26th Aug. 1954 (Annexure 'b') on 9th Mar. 1970. This appeal was dismissed by the Appellate Officer. Ludhiana, vide order dated 16th Oct. 1973 (Annexure 'd') The petitioners have assailed the orders Annexure 'b' and 'd' in the present writ.

(3.) THE learned counsel for the petitioners had argued that the order of the Competent Officer dated 26th Aug. 1954 (Annexure 'b') is liable to be set aside because the Competent Officer had no jurisdiction to vest the equity of redemption in the land in dispute, which was owned by Mal Singh, in the Custodian. The land in the revenue records was shown as owned by Mal Singh and mortgaged with the Muslim evacuees. The mortgage rights in the land would, therefore, be deemed to have vested in the custodian. The Competent Officer had no jurisdiction to vest the non-evacuee interest in the land in the Custodian. The Competent Officer at best could separate the evacuee interest from the non-evacuee interest in the land by effecting its sale. Reliance has been placed on Abdul Hakim Khan v. Regional Settlement Commissioner cum-Custodian of Evacuee Property, Bhopal, AIR 1961 SC 1391.