DES RAJ GULI MAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Counsel moves that the record of the Deputy Custodian-General in -- Des Raj v. The Additional Custodian, Punjab', be Drought to this Court and the order of the Deputy Custodian-General dated the 2nd June 1953 quashed.

(2.) The facts of tne case are given in the petition which has been made in this Court. On the 3rd July 1947 the petitioner made an entry in his books tnat a sum of Rs. 3,341/9/9 was due on account of ground-nuts received from Messrs. Monammad Ramzan Nur Monammad of Narowal in Pakistan. Tne Deputy Cuminissioner held an enquiry and a statement of Des Raj was recorded by the Assistant Custodian on the 22nd December 1949 where Des Raj admitted that this sum was due from him and he asued for two years' time in which to pay. On the 21st February 1950 the Narowal firm was declared to be an evacuee firm and the Assistant Custodian, Ludniana, was directed to realise an amount of Rs. 3,216/7/which was the sum ultimately found to be due from Pes Raj. He was caned upon to pay this money, otherwise the amount would be realized as arrears of land revenue under Section 48 of the Administration of Evacuee Property Act. He went up in appeal to tne Additional Custodian and from there to the Custodian-General who dismissed his petition on the 2nd June 1953 and it was admitted by a Bench of this Court on the 3rd August 1953.

(3.) The question that arises for determination in this case is to what is the effect of Section 43 of the Administration of Evacuee Property Act read with Section 13 of that Act. The property, which is in dispute, has been declared to be evacuee property. That is not a matter which is under dispute or can be disputed. Under section 13 of the Act payments have to be made to the Custodian if a valid discharge is to be obtained. This section provides-