CHIEF SECRETARY TO GOVT PUNJAB Vs. CHAWLI

JUDGEMENT

(1.) This second appeal has been filed by the defendants against the order of the District Judge, Rup Nagar, dated July 20, 1978, whereby he remanded the case to the trial Court to decide it on merits.

(2.) Briefly, the case of the plaintiffs is that Balwant Singh their predecessor-in-interest, mortgaged the land mentioned in para 1 of the plaint with some Mohammedans prior to 1947. After the partition of the country, the mortgagees were declared as evacuees and the custodian declared the mortgagee rights as evacuee property. Consolidation of holdings took place in the village wherein, in lieu of the land, mortgaged-property mentioned in para 3 of the plaint was allotted. After the consolidation, equity of redemption with respect to a part of the property mentioned in para 4 of the plaint was sold by Balwant Singh to some persons. It is alleged that subsequent in 1958, the purchasers of equity of redemption and Balwant Singh jointly paid the mortgage-debt of Rs. 900/- to the defendants and thereby got the property redeemed. It is further stated that on account of certain mistake, the necessary entries in the revenue record were not made with the result that the defendants continued to be shown in that with regard to the property in dispute as mortgagees. A suit for declaration was, therefore, filed by the plaintiffs that the entries in the revenue records were erroneous and required to be rectified.

(3.) The suit was contested by the defendants, inter alia on the ground that the Civil Court had no jurisdiction to try the suit. The trial Court framed a preliminary issue regarding jurisdiction of the Civil Court. It held that in view of Section 46 of the Administration of Evacuee Property Act, the Civil Court had no jurisdiction to try the suit, and consequently dismissed it. The plaintiffs went up in appeal before the District Judge, Rup Nagar, who accepted the same and remanded the case to the trial Court for deciding it on merits. The defendants have come up in second appeal against the order of the district Judge to this Court.