LAWS(PAT)-1957-3-25

BIBI MEHAR BAN BANO Vs. GOVT OF INDIA

Decided On March 27, 1957
BIBI MEHAR BAN BANO Appellant
V/S
GOVT. OF INDIA Respondents

JUDGEMENT

(1.) In this case the petitioner Musammat Bibi Mehar Ban Bano has obtained a rule from the High Court calling upon the respondents to show cause why the order of the Custodian of Evacuee Property, dated the 3rd April, 1956, should hot be quashed by a writ in the nature of certiorari. Cause has been shown by the learned Government Pleader, on behalf of the respondents Nos. 1 and 2. There is no appearance on behalf of respondent No. 3, Agha Tufail Ahmad.

(2.) The petitioner was married to Agha Tufail Ahmad, respondent No. 3, and it is alleged by the petitioner that a sum of Rs. 41,000/- was settled as prompt dower debt at the time of the marriage. On the 30th of January, 1947, the petitioner instituted a suit against her husband for the recovery of the dower debt to the extent of Rs. 41,000/- with interest thereon. The suit was partly decreed by the Subordinate Judge. Two appeals were filed to the High Court against the decree of the Subordinate Judge, one on behalf of respondent No. 3 and the other on behalf of the petitioner. The appeal of respondent No. 3 was dismissed by the High Court and the appeal of the petitioner was allowed. A decree was granted in favour of the petitioner for the full amount of the dower debt claimed. Respondent No. 3 owned a house in New Kadamkuan which was holding No. 132, Circle No. 20A, ward No. 10, of the Patna Municipality. In execution of the decree the petitioner caused this house to be attached for the realisation of the entire decretal amount. In June, 1949, the Bihar Administration of Evacuee Property Ordinance (Ordinance No. III of 1949) was passed and came into force. This Ordinance was subsequently repealed by Central Ordinance No. 27 of 1949, which came into force from the 18th of October, 1949. This Ordinance was also subsequently repealed and replaced by the Administration of Evacuee Property Act, 1950 (Act XXXI of 1950) which came into force from April, 1950. In the year 1951 respondent No. 2 was declared an evacuee and the disputed house was declared as evacuee property and vested in the Custodian. On the 5th of June, 1951, the petitioner ap-plied before the Custodian for registration of her claim under the provisions of Central Act XXXI of 1950 with regard to the decretal amount. On the 18th of June, 1954, the Custodian admitted the petitioner's claim. On the 17th of July, 1954, the claim of the petitioner was registered by the Custodian for the amount of Rs. 43,808/- and odd. On the 16th of November, 1954, the petitioner made another application, and on the 25th of November, 1954, the petitioner's claim for interest was also registered, the total amount of her claim now being Rs. 48,935/- and odd. On the 19th of February, 1956, the petitioner filed an application before the Custodian praying that the disputed house should be sold to her and she should be put in possession of the house and the amount of her claim may be set off against any price which may be offered for the house at the proposed sale. This application was rejected by the Custodian by his order dated the 3rd April, 1956, which is to the following effect :--

(3.) It is necessary to state that on the 9th of October, 1954, the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (Act 44 of 1954) came into effect Section 12 of this Act granted power to the Central Government to acquire evacuee property for rehabilitation of displaced persons. In exercise of this power the Central Government issued a notification on 10th of July, 1955, stating that it had decided to acquire all evacuee properties in the urban areas of the Bihar State. The result of this notification was that the title to the disputed house vested absolutely in the Central Government, free from all encumbrances, and it was no longer open to the petitioner to ask the Custodian to transfer the disputed house to her in lieu for her dower debt.