PUNJAB STATE Vs. MEHR CHAND

JUDGEMENT

(1.) THIS appeal under Clause 10 of, the Letters Patent raises the question whether the Assistant Custodian was justified in declining to confirm a certain sale under the provisions of Sub-section (4) of Section 40 of the Administration of Evacuee property Act, 1950.

(2.) ON the 22nd September, 1947 Mehar Chand petitioner purchased two houses, one from Dehru for a sum of Rs. 700/- and the other from Hussain for a sum of rs. 300/ -. He applied to the Custodian for confirmation of the sales but his application was rejected by the Assistant Custodian by means of a small order which was in the following terms:

(3.) THE petitioner presented a petition under Article 226 of the Constitution which came up for hearing before a learned Single Judge of this Court. The learned single Judge came to the conclusion that the Assistant Custodian did not exercise the jurisdiction which has been vested in him by Section 40 of the Act of 1950. He accordingly accepted the petition, set aside the order in question and directed that the application of the petitioner for confirmation of the sales be dealt with in accordance with law. The State has appealed, and the question for this Court is whether the learned Single Judge has come to correct determination in-point of law.