UNION OF INDIA Vs. THAKAR SINGH

JUDGEMENT

(1.) This Regular Second appeal No. 414 of 1959 arises out of the following circumstances :

(2.) On the preceding facts, Thakar Singh instituted the suit for possession of the land on 18th April, 1957, in the Court of the Subordinate Judge, Hoshiarpur, on the ground that he was the owner of the land by virtue of the sale-deed, dated 25th June, 1945, and Kamiz Khan evacuee or his representative-in-interest, the Central Government, had nothing to do with it.

(3.) The defendant (Union of India) in its written statement took a preliminary objection that the jurisdiction of the civil Court to hear and determine the suit was barred by Sections 15 and 16 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954, as the suit property had become vested in the Central Government. They traversed the other allegations in the plaint, including that the plaintiff had purchased the suit land from Kamiz Khan in 1945. They also denied that the plaintiff was in possession of the land till repartition in consolidation proceedings. The defendant asserted that Kamiz Khan was the actual owner of the suit land at the material time. consequently, on repartition in consolidation proceedings, the suit land was rightly included in the Kurrah of Kamiz Khan evacuee.