- (1.) THIS ap peal arises out of a suit for ejectment of the respondent Hari Singh under Section 209 of the Zamindari Abolition Act.
(2.) SMT . Masoom Banco, the plain tiff-appellant and Abu Zafar were the co-tenants in the holding in dispute. Abu Zafar migrated to Pakistan. On 17th Nov ember, 1953, his half share in the holding was declared an evacuee property. The Custodian, Evacuee Property, allotted the half share of the evacuee to Hari Singh, respondent. Smt. Masoom Banoo applied for the separation of her interest in this-composite property. The Competent Offi cer acting under the Evacuee Interest (Separation) Act, 1951, decided to trans fer the half evacuee share to the non-evacuee applicant, namely Smt. Masoom Banoo. Accordingly, he executed a deed of sale in her favour on 8th October, 1960. Hari Singh filed an appeal against order of the Competent Officer transfer ring the share of Abu Zafar to Smt. Masoom Banoo. Meanwhile, the Custodian Evacuee Property appears to have exe cuted a sale deed of the half evacuee share in favour of Hari Singh on 28th December, 1960. Nonetheless the appel late authority dismissed Hari Singh's ap peal on 24th February, 1964 on the find ing that since the composite property could not be acquired by the State, the Custodian had no jurisdiction to sell it on the settlement side and so the sale in favour of Hari Singh was a nullity and. could not affect the validity of the sale deed in favour of Smt. Masoom Banoo. In the same order, however, the appellate authority observed that Hari Singh should apply to the Settlement Commis sioner for relief under Section 20 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954. On 12th Febru ary, 1963, the Settlement Commissioner appears to have addressed a letter decid ing to allow Hari Singh to remain in pos session of the evacuee share on payment of Rs. 1, 152.77 p. as compensation to Smt. Masoom Banoo. This order of the Settle ment Commissioner was, however, subse quently cancelled on 13th April, 1964.
(3.) SOON after the execution of the sale deed in her favour Smt. Masoom Banoo filed the present suit under Sec tion 209 of the Zamindari Abolition Act for the ejectment of Hari Singh on 24th October, 1962. Hari Singh contested the suit. He pleaded that the suit -was barred by limitation.;