SEWAJI AND ANR. Vs. GURDIAL KAUR

JUDGEMENT

(1.) WHETHER an agreement for sale of acquired evacuee agricultural property executed by a quasi -permanent allottee of that land prior to the transfer of permanent rights therein is enforceable at law after such transfer in favour of the allottee is the main question which has arisen in this case in the following circumstances.

(2.) A piece of land measuring 5 Bighas and 5 Biswas (8 Kanals and 14 Marlas) comprising Khasra No. 5453/1 in Karnal town belonged to certain Muslims who evacuated to Pakistan on the partition of the country under the Indian Independence Act. The said land consequently became evacuee property. It was allotted by the Rehabilitation authorities of the Punjab Government to Gurdial Kaur Respondent. It is the common case of both sides that quasi -permanent allotment of the land had been made in favour of the Respondent on the terms and conditions contained in the notification of the Custodian No. 4892 -S, dated July 8, 1949, which had been issued in pursuance of the powers conferred on the Custodian by the East Punjab Evacuees (Administration of Property) Rules, 1948, framed under Sub -section (2) of Section 22 of the East Punjab Evacuees (Administration of Property) Act No. 14 of 1947 (hereinafter called the Punjab Act). According to para 3 of the said notification, allotments there under had to last in favour of a displaced person for the entire period during which the land Remained vested in the Custodian subject to the provisions of the Punjab Act. Clause (c) of para 4 of the Notification dated July 8, 1949 was in the following terms:

(3.) THE Punjab Act was repealed by para 58 of the Administration of Evacuee Property Ordinance No. 27 of 1949, the provisions of which Ordinance ultimately took the shape of the Administration of Evacuee Property Act No. 31 of 1950 (hereinafter called the 1950 Act). The Displaced Persons (Compensation and Rehabilitation) Act No. 44 of 1954 (hereinafter referred to as the Rehabilitation Act) came into force in December, 1954. Sub -sections (1) and (2) of Section 12 of the Rehabilitation Act are in the following terms: