AMIR CHAND Vs. HARJI RAM

JUDGEMENT

(1.) HEARD learned Counsel for the parties. This revision is directed against the order of learned Munsif and Judicial Magistrate, Kishangarhbas dated 30th May, 1986.

(2.) ON the basis of the pleadings of the parties the trial court framed 7 issues out of which issues No. 2 and 4 read as under:..

(3.) IT has been contended by learned Counsel for the petitioner that under Section 46 of the Administration of Evacuee Property Act, 1950, there is a bar to file any suit with regard to any evacuee property. It is contended that the property in question has already been declared as evacuee property and in that regard the petitioner has filed a number of documents before the trial court. It has thus been submitted that the case itself can be disposed of on the basis of issue No. 2 as well as issue No. 4 which relates to res -judicata. On the other hand Mr. Jain contended that the trial court was right in giving a direction that the above 2 issues should also be decided along with the other issues relating to the facts in dispute.