Desai, J. - (1.) Special Leave to appeal granted.
(2.) Appellant Moola filed a suit under Section 5 of the Punjab Tenancy Act in the Court of Assistant Collector, Hissar, for acquisition of occupancy rights. Third respondent Lorinda Ram, a displaced person was the allottee of the land in respect of which Moola claimed occupancy rights. When the matter reached the High Court, the learned single Judge of the High Court relying upon Section 9 of the Displaced persons (Land Resettlement) Act, 1947, held that even if the appellant Moola was on the land since the time of his forefathers, the lease is deemed to have been terminated effective from July 21, 1949, beause there is nothing to show that lease in question was exempted by the Custodian from the operation of Section 9. With this observation, the writ petition of the appellant was dismissed and this order was affirmed by a Division Bench in Letters Patent Appeal No. 150 of 1979
(3.) Learned counsel for the appellant here pointed out that the appellant's lease is protected under Section 12 of the Administration of Evacuee Property Act, 1950. Section 12 reads as under: "12. Power to vary or cancel leases or allotment of evacuee property.- (1) Notwithstanding anything contained in any other law for the time being in force the Custodian may cancel any allotment or terminate any lease or amend the terms of any lease or arrangement under which any evacuee property is held or occupied by a person, whether such allotment, lease or arrangement was granted or entered into before or after the commencement of this Act: Provided that in the case of any lease granted before the 14th day of August, 1947. the Custodian shall not exercise any of the powers conferred upon him under this sub-section, unless he is satisfied that the lessee- (a) has sublet, assigned or otherwise parted with the possession of the whole or any part of the property leased to him or (b) has used or is using such property for a purpose other than that for which it was leased to him or (c) has failed to pay rent in accordance with the terms of the lease. Explanation.- In this sub-section 'lease' includes a lease granted by the Custodian and 'agreement' includes an agreement entered into by the Custodian. (2) Where by reason of any action taken under sub-section (1) any person has ceased to be entitled to possession of any evacuee property, he shall on demand by the Custodian surrender possession of such property, to the Custodian or to any person duly authorised by him in this behalf. (3) If any person fails to surrender possession of any property on demand under sub-section (2), the Custodian may notwithstanding anything to the contrary contained in any other law for the time being in force, eject such person and take possession of such property in the manner provided in Section, 9.";