JUDGMENT

V.N.KHARE, J.

(1) PROPERTY nos. XV/5326 and XV/5327 were originally owned by one Indra Devi. Prior to 1947 Indra Devi sold the property no. XV/5326 to Newaz Khan. After partition of the country Newaz Khan migrated to Pakistan. Consequently, the property no. XV/5326 became an evacuee property. However, the said property was being occupied by respondent - Niranjan Lal Malhotra. Since Niranjan Lal Malhotra was occupant of the said property, the custodian department transferred the said property in his favour by a registered conveyance deed. In the conveyance deed, the passage to reach the main road was also shown in property no. XV/5326. The other property no. XV/5327 was sold by its owner Indra Devi to one Amir Khan. Subsequently, Amir Khan sold the said property to Amolak Singh, the father of the appellant herein. When the predecessor of the appellant came to know that in conveyance deed executed by the custodian, the passage pertaining to property no. XV/ 5327 of which he is owner has been shown, as passage to property no. XV/ 5326, he filed an objection before the custodian. The said objection was rejected. Subsequently, he preferred an appeal before