INDER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is an appeal by Inder Singh and Sham Singh whose suit for the grant of various reliefs was dismissed by the courts below on the ground that the civil court had no jurisdiction to try it.

(2.) THE relevant facts are these : Two brothers Abdul Aziz and Faiz Mohammad were owners of 30 Bighas 1 Biswa agricultural land situated in Chak No. 49 GGA Tehsil Karanpur District Ganganagar. THEy mortgaged 8 Bighas 13 Biswas out of this land on 29. 4. 1947 usufructurially in favour of the plaintiffs by means of a registered mortgage deed. THEy also executed an agreement of sale on 21. 7. 1947 in favour of the plaintiffs agreeing to sell their entire land for a sum of Rs. 8300/ -. THEy admitted the receipt of this consideration in full and promised to execute a sale deed within a year. But after the partition of the country they left their village. THEy were declared to be evacuees and their land amounting to 30 Bighas 1 Biswa was declared to be evacuee property under order dated 7. 6. 1955 passed by the Assistant Custodian of Evacuee Property Sri Ganganagar. Inder Singh and Sham Singh then filed an application under the Evacuee Interest (Separation) Act in respect of the contract of sale. THE Competent Officer was of the opinion that althought they were entitled to a charge on the land belonging to the evacuees to the extent of Rs. 8000/- prepaid purchase price he had no power to grant relief to them under the aforesaid Act as a charge did not fall within the definition of claim given in sec. 2 (b ). He however held that they were entitled to a sum of Rs. 1406/8/- in respect of their rights as usufructuary mortgatees over 8 Bighas 13 Biswas of the land if the Custodian wanted to redeem the property.