GURDIAL SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) In this writ petition filed under Articles 226 and 227 of the Constitution of India, petitioner Gurdial Singh has challenged the order of the Assistant Custodian, Ambala, dated 16th August, 1977 (Annexure P. 3), by which residential property No. 2, Qaziwara, Ambala City, was declared to be evacuee property under the Administration of Evacuee Property Act 1950, and the order of the Custodian General, Haryana, dated 31st October, 1979 (Annexure P-4), but which the revision petition filed by the petitioner was dismissed.

(2.) According to the writ petitioner, his father Bishan Singh had purchased the house in dispute from one Sahib Singh through a registered sale deed on 12th March, 1926. Later on, Bishan Singh sold half portion of the house in dispute to Rehmat Ulla on 28th May, 1946, but possession of the entire house remained with the petitioner and his father. It is further stated that on 17th April, 1963, the remaining half portion of the house was transferred by the petitioner's father in favour of the petitioner and, thus, the petitioner claims to be the owner in possession of the full house. The petitioner got the house reconstructed by carrying out extensive repairs with the permission of the Municipal Committee.

(3.) On 1st November, 1973, the petitioner rented out one room of the house to Ramesh Chand Kaushal husband of Smt. Devki, respondent No. 4 at the monthly rent of Rs. 40/- Three years latter, the petitioner started eviction proceedings against the tenant husband of respondent No. 4, which continued for a considerably long time. In the meantime, respondent No. 4 filed a complaint with the Rehabilitation authorities that the house in dispute was in fact an evacuee property and the petitioner had no claim to it. On the basis of this complaint, the Tehsildar (Sales)-cum Assistant Custodian, Ambala, passed an order declaring the house in dispute as an evacuee property and exercising jurisdiction under the Evacuee Interest Separation Act, 1951, directed that the house was deemed to have vested in the Custodian on the migration of the Muslim owner Rehmat Ullah. This impugned order dated 16th August, 1977 (Annexure P-3) was challenged in the revision petition but the same was also dismissed by the Custodian General, Haryana, on 31st October, 1979.