CHOTHU RAM Vs. BUDHU RAM

JUDGEMENT

(1.) The suit out of which this second appeal by the plaintiff has arisen was instituted with a prayer for possession of certain land which had been allotted to the plaintiff's brother Budh Ram defendant No. 1 by the Custodian of Evacuee Property. The basis of the claim was that the plaintiff was the sole owner of the land situated in Pakistan in lieu of which the allotment had been made. Both the Courts below held that no Civil Court had jurisdiction to try the suit as it impinged on the exclusive jurisdiction of the authorities created by the Administration of Evacuee Property Act.

(2.) The first contention raised by Mr. Chaudhry is that the Civil Court had the jurisdiction to decide the question of title to the land situated in Pakistan as mentioned above even though the prayer in the suit could not be granted without striking down the allotment made in favour of defendant No. 1 which, Mr. Chaudhry concedes, lies within the exclusive province of the Custodian of Evacuee property. The contention is wholly without substance. Unless the allotment is set aside, no relief can be granted to the plaintiff and the matter of allotment cannot be agitated in a Civil Court in view of the provisions of Section 46 of the said Act, whatever the basis on which the allotment is attacked. That section reads:

(3.) The only other point raised by Mr. Chaudhary is that if no Civil Court had jurisdiction to try the suit, it could not have been dismissed and that the only course open to the Courts below was to return the plaint to the plaintiff for presentation to the proper Court. This contention is also without force. In support of it Mr. Chaudhry has sought support from the provisions of Rule 10 of Order 7 of the Code of Civil Procedure which runs thus: