DEV RAJ Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is plaintiffs regular second appeal against the judgment and decree of the Additional District Judge reversing the judgment and decree of the trial Court.

(2.) Plaintiff filed suit for permanent injunction on the ground that he purchased a plot of land measuring 275 Sq. Yds. and 5 Sq. ft. situate in Mohalla Kharadian Kaithal from Municipal Committee Kaithal for a sum of Rs. 1928.89 vide sale deed dated 3.7.1983 and so defendant No. 1 has no right or claim over this property nor has any right to put it to auction.

(3.) Defendant filed written statement taking preliminary pleas that the suit property being evacuee property the civil court has got no jurisdiction to try the same in view of Ss. 36 and 46 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 and Administration of Evacuee Property Act, 1950 respectively that the suit is liable to be dismissed for want of valid notice Under Sec. 80 C.P.C. that the plaintiff has no locus standi to file the present suit. On merit it was alleged that plot in dispute belonged to Muslim migrants and so was declared evacuee property and vested in the Custodian by operation of law Under Sec. 8(2A) of the Administration of Evacuee Property Act. Since the plot is an evacuee property the Municipal Committee has got no jurisdiction to transfer the same and so the alienation in favour of the plaintiff is illegal and void ab initio . It was further alleged that the matter was decided by Tehsildar (Sales) and so on these grounds the suit is liable to be dismissed. Municipal Committee in a separate written statement admitted that the plot in dispute was sold to the plaintiff by the answering defendant.