Judgment

WANCHOO, J. : This is an appeal by special leave against the order of the Deputy Custodian General, and the question involved is whether the appellant is liable to pay Rs. 85,000/- to the Custodian. The matter has a long history behind it which it is necessary to set out in order to understand the point now in dispute in the present appeal. The money in question was deposited with the appellant by his sister as far back as January 1946. The total amount deposited was Rs. 90,000/-, but the appellant s sister took back Rs. 5,000/- with the result that the balance of Rs. 85,000/- remained deposited with the appellant. The appellant s sister thereafter migrated to Pakistan sometimes between June to August 1949. Sometime later, the Assistant Custodian Veraval called upon the appellant to pay this sum lying in deposit under S. 48 of the Administration of Evacuee Property Act. No. XXXI of 1950, (hereinafter referred to as the Act). The appellant contested the matter on the ground that the money had been given to him as a loan and its recovery was barred in January 1949 long before his sister had migrated to Pakistan, and therefore the amount could not be recovered from him. The As