JASWANT SINGH GIDDA Vs. DAULAT RAM

JUDGEMENT

(1.) THE respondent-plaintiffs filed a suit for possession claiming declaration of having acquired title to the suit land, which was mortgaged to them by some Muslims, who migrated to Pakistan and since the property was not got redeemed within limitation, the plaintiffs became owners. It was stated that the defendants were earlier tenants under the plaintiffs but they refused to pay rent claiming that Rehabilitation Department allotted the suit land to them. It was also stated that since the plaintiffs had become owners prior to coming into force of the Evacuee Interest (Separation) Act, 1951 (for short, the 1951 Act), the said Act was of no consequence.

(2.) THE appellant-defendants contested the suit and claimed that by operation of law under the provisions of 1951 Act, mortgage was extinguished and the property was vested statutorily in the Custodian who transferred the same to the defendants. It was further stated that in view of the Special Act, Civil Court jurisdiction was barred. Reference was also made to the provisions of the East Punjab Evacuees' (Administration of Property) Act, 1947 and the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (for short, the 1954 Act).

(3.) ON appeal, the decree of the trial Court was affirmed.