BAKSHI RUGH NATH Vs. CUSTODIAN GENERAL

JUDGEMENT

(1.) THIS is a letters patent appeal against the Judgment of Justice Ali (as his Lordship then was) dated 29 -8 -1966 whereby he has dismissed the writ petition of the present appellant. When this appeal was argued before two of us, we thought it desirable that the appeal should be heard by a Full Bench of the Court because the points raised in this appeal may be of common recurrence and an authoritative pronouncement was necessary from this Court on points raised.

(2.) WE need not discuss the facts of this case because in the first place that is unnecessary and secondly because this appeal can be disposed of only on some points of law. But however to appreciate the points of law raised, some relevant facts may be mentioned.

(3.) 9 kanals and 5 marlas of land in village Sai Rakwalan belonged to one Bakshi Yugraj. He executed an agreement to sell this land on 25 -11 -1995 in favour of one Siraj -ud -Din. This Bakshi Yograj brought a suit for possession of this land in the Court of Munsiff Jammu on 5 -1 -2003 and an ex parte decree was passed therein on 25 -10 -2004. This property was declared to be evacuee property by the Custodian. Yograj died some time before 2008 and his son Rughnath, the present appellant, took possession of this land. This land was however allotted by the Custodian to the Respondents Bir Singh and Man Singh in the year 1951. An application under section 8 of the Evacuee Administration of Property Act (hereinafter referred in this judgment as the Act) filed by the appellant Bakshi Rughnath was rejected by the Custodian on 20 -11 -1960. A revision was filed to the Custodian General who set aside the order of the Custodian by his order dated 15 -4 -1961. An application for review was presented by the respondents 2 and 3 before the successor of the previous Custodian General on 18 -4 -1962 which was accepted by the present Custodian General by his order dated 22 -4 -1965. It may be mentioned that against the order of the Custodian General dated 15 -4 -1961 a writ petition was presented in this Court, which was dismissed as not pressed on 20 -6 -1962. Against the last order of the Custodian General dated 22 -4 -1965 a writ petition was presented in the High Court which was heard by the learned Honble Chief Justice (Ali J.) who dismissed the writ petition by his order under appeal.