ISHAR KAUR Vs. COLLECTOR, RUPNAGAR

JUDGEMENT

(1.) THE appellant filed suit for declaration to the effect that she was owner in possession of the house property in dispute and the defendants be restrained from selling the same in open auction by treating the same as evacuee property. Claim of the appellant is based on sale-deed dated 24.1.1941, Ex. P-4, executed by Shadi, son of Nathu, caste Teli Muslim. The property was assessed to house tax and a house number had been allotted but the revenue officials wrongly recorded the same as evacuee property. An auction warrant of property was issued on 24.8.1990.

(2.) THE respondents contested the suit and claimed that suit property belonged to the Central Government as per entry in Jamabandi for the year 1982-83 and sale-deed relied upon by the plaintiff did not relate to the suit property. It was further stated that the suit property stood allotted to defendant Nos. 3 and 4 vide order dated 12.8.1993 in lieu of their claim. Defendant Nos. 3 and 4 also took the same stand as defendant Nos. 1 and 2. They stated that the Central Government transferred the suit property in their favour under the Punjab Package Deal Property Act, 1976 and, therefore, the suit property was validly allotted to them.

(3.) LEARNED counsel for the appellant submitted that a substantial question of law arises for consideration : Whether the findings recorded by the Courts below holding the suit property to be evacuee property, are perverse, having been recorded by ignoring evidence of possession of the plaintiff for more than 50 years and sale-deed Ex. P-4 in the year 1941 ?