- (1.) The controversy in appeal here is whether the land in suit vested in the Custodian under section 11 of the Evacuee Interest (Separation) Act, 1951 (hereinafter referred to as the Act).
(2.) It is the common case of the parties that the land in suit belonged to the plaintiff. On March 25, 1946, the plaintiff mortgaged this land with possession to Ali Mohd., Shad Mohd and Mohammed Din, the sons of Allah Ditta, under two mortgage-deeds, the mortgage amount being Rs. 3,075. On the partition of the country the mortgagees migrated to Pakistan leaving behind this evacuee interest in the land in suit.
(3.) The Competent Officer by his order of December 30, 1957, held the land in suit vested in the Custodian in terms of section 11 of Act. It appears that the land was thereafter allotted by the Custodian to Balbir Singh defendant No. 4 who in turn sold it to Joginder Singh defendant No. 6 and Joginder Singh later exchanged this land with defendant No. 7 Raja Singh.;