B.C.MISRA
RIAZ AHMAD – Appellant
Versus
UNION OF INDIA – Respondent
( 1 ) THIS revision petition has been filed by the plaintiff petitioners against the order of a Subordinate Judge 1st Class, Delhi, dated 21st March. 1968 by which he has answered the first issue against the plaintiffs and held that the Civil Court had no iurisdiction to try the suit and has dismissed their suit with costs.
( 2 ) THE facts giving rise to the revision are that the property in dispute was declared to be evacuee property and had been sold on 19th December, 1964 by the Managing Officer in exercise of powers conferred by the Displaced Persons (Compensation and Rehabilitation) Act 44 of 1954 after the property had been acquired bv the Central Government under Section 12 of the said Act. The plaintiffs have brought the suit on the following material allegations, namely.
(1) plaintiffs Nos. 1 and 2 are son and daughter of Mohd. Ahmad and plaintiff No. 3 is the husband of plaintiff No. 2 and that they have been living in the property in dispute: (2) the said Property it is alleged bv the plaintiffs, originally belonged to Khudah-Baksh, grandfather of plaintiffs 1 and 2 and after his death devolved on Mohd. Ahmad, father of plaintiffs Nos. 1 and 2 and that Mohd. A
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