A.N.GROVER, G.K.MITTER
Mehar Singh Nanak Ghand – Appellant
Versus
Naunihal Thakar Das – Respondent
Judgment
GROVER, J. :- This is an appeal by Special Leave from the judgment of the Punjab High Court.
2. The facts may be shortly stated. The properties, bearing municipal No. 747-B-VII, situated in Ludhiana, originally belonged to certain Muslim evacuees. These properties were mortgaged in favour of M/s. Brij Lal Manmohan Lal. These properties were therefore, composite properties and had to be dealt with under the provisions of the Evacuee Interest (Separation) Act, 1951 (herein called the Act).
3. M/s. Naunihal Thakar Dass, respondent No. 1 before us, purchased the mortgagee-rights from M/s. Brij Lal Manmohan Lal relating to the aforesaid properties. The claim was filed by the said respondent before the Competent Officer, Ludhiana under the provisions of the Act for acquiring these properties. After following the requisite procedure, the Competent Officer directed that the properties be transferred to the respondent on payment of a certain amount. The appellant-firm filed an appeal to the Appellate Officer appointed under the Act. The Appellate Officer took the view that the appeal or review can be filed by a person who was a party to the proceedings before the Competent Officer. As
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