GORDHAN SINGH Vs. CUSTODIAN EVACUEE PROPERTY

JUDGEMENT

(1.) This is an application by Gordhansingh, resident of Nagla Jiwna, Thasil Kumher, in the District of Bharatpur, under Article 226 of the Constitution of India for a writ of certiorari or any other appropriate writ to the Custodian of Evacuee Property, Rajasthan, Jodhpur, the Deputy Custodian of Evacuee Property, Bharatpur District, and the State of Rajasthan through the Chief Secretary, for restoring a certain house in the town of Bharatpur to the petitioner and payment of rent to him or in the alternative to pay the full mortgage money with interest to the petitioner in accordance with the mortgage deeds.

(2.) The house belonged to Abdul Latif, Abdul Hafiz, and Abdul Majid and they executed a usufructuary mortgage deed for Rs. 1600/- in respect of the said house in favour of the petitioner on 26-4-1947. This deed was registered on 30-4-1947. The mortgagors themselves took a lease of the house after the mortgage from the petitioner on a monthly rental of Rs. 12/-. Subsequent to this mortgage, the mortgagors, Abdul Latif, Abdul Hafiz and Abdul Majid left Bharatpur and their property was treated to be evacuee property. The petitioner complained that certain displaced persons occupied the house forcibly about August 1948 without executing any lease in favour of the petitioner or the Custodian. The petitioner applied to the Custodian to pay the mortgage money as well as arrears of rent. The Deputy Custodian, Bharatpur, recommended to the Custodian that the mortgage money as well as interest and arrears of rent be paid to the petitioner. This recommendation was made on 20-3-1950. The Custodian of Rajasthan on 83- 51 made an order that as the mortgagors were tenants the Custodian was entitled to take possession of the property as tenants. It was also ordered that the petitioner should get his claim registered under R. 22 made under S. 56, Administration of Evacuee Property Act of 1950.

(3.) The opposite parties have filed a common reply. It has been stated therein that the occupants of the property being evacuees their occupancy rights as lessees vested in the Custodian immediately after the mortgagors had left for Pakistan. The petitioner was not deprived of security. He could ask his remedy under the Evacuee Law. The possession of the property actually never passed to the mortgagees. It has been further stated that steps were being taken for the payment of the secured amount. It has finally been stated that the Deputy Custodian has been helping the petitioner to his best so much so that he has recommended for the payment of his dues. It has further been stated that the petitioner was not debarred from taking legal steps to realise his security.