Judgment

SHELAT, J.:- In 1933 the appellant built a bungalow situate at 27, Curzon Road, New Delhi on a plot acquired by him under a permanent lease from the Secretary of State for India. In 1943 he mortgaged the said property with possession in favour of one K. B. Bunyad Hussain but obtained a lease thereof at the same time from the mortgagee and continued to reside therein as a tenant. In November 1949, the mortgagee left for Pakistan whereupon the Custodian of Evacuee Property under the Administration of Evacuee Property Act, 1950 (hereinafter referred to as the Administration Act) declared him to be an evacuee and his interest in the said property as the mortgagee as evacuee property. The appellant alleged that sometime in November 1949 the Custodian forcibly dispossessed him and either allotted or let out. or allowed the said premises to be occupied by certain persons. in 1954, the appellant made an application to the Competent Officer under the Evacuee Interest (Separation) Act, 1951 (hereinafter referred to as the Separation Act) for separating his interest as the mortgagor and tenant in the said property. In those proceedings a sum of Rs. 1,45,735/- was ultimately held to be