R.S. Mongia, J. - (1.) This is an appeal by Union of India through the Secretary Rehabilitation, New Delhi. Briefly the facts are that one Smt. Rani widow of Roda, caste Gujjar(Mohammedan) was resident of Village Mohali Khurd, Tchsil Malerkotla District Sangrur, on the death of her husband she became owner of some landed property in the aforesaid village. After the partition of the country, the said agricultural land was declared as evacuee property under the Administration of Evacuee Property Act,1950. Shrimati Rani made an application to the Central Government that since she had not migrated to Pakistan, her property could not be declared as evacuee property and the same be restored to her. The Central Government, vide letter/order dated 17.9.1956 (Annexure P- 1) granted a certificate of restoration of the property in dispute to Shrim ati Rani. This certificate of restoration was acted upon and entry in respect thereof was made in the Jamabandi of the village for the year 1960-61 which has been attached as Annexure P-2. Shrimati Rani subsequently gifted the land in dispute to one Sher Mohd. (respondent No.4) on 20.4.1962. The gift deed had also been entered in the revenue record and mutation regarding the same was sanctioned, copy of which has been attached as Annexure P-3. Sher Mohd. sold the property in dispute to the writ-petitioners (now respondents) on 31.1.1963 vide registered sale deeds and the vendees were put in possession.
(2.) It is not understood as to why the petitioners had to make an application under Section 27 of the Act that the property in dis,jut had ceased to be evacuee property and it maybe declared as such. In fact, in away, they were representing the estate of Shrimati Rani to whom the land had been restored vide order of the Central Government dated 17.9.1956. That application was dismissed on 3.4.1974. Subsequently, on 17.6.1975 a notice regarding; auction of land in dispute was issued. The want-petitioners challenged this notice of 17.6.1975. (Annexure P-5) by way of writ petition. The learned Single Judge rightly held that once the property had been restored to Shrimati Rani, it could not have been sold as evacuee property thereafter in the hands of the writ petitioners. Shrimati Rani was the absolute owner of the property which she could gift away and the donee had the full right to alienate the property in any manner. By virtue of the sale by the donee Sher Mohd., the writ-petitioners had become absolute owners and the property could not have been sold in auction treating it to be evacuee property. The learned counsel for the appellant has not been able to persuade us in any way to take a different view of the matter than what has been taken by the learned Single Judge.
(3.) For the reasons recorded above, this Letters Patent Appeal fails and is dismissed. However, there will be no order as to costs.;