S. RAVINDRA BHAT, J, J.

( 1 ) THE dispute in these proceedings encapsulates one among the several facets of that seemingly unending saga of problems, spawned by of partition of the country. The issues raised exemplify that the woes of one generation are also passed on to the next, challenging the judicial process to throw up lasting solutions. The petitioner claims restoration of a half share in Khasra No. 591, jungpura, which had been taken over by the Custodian of Evacuee property on the assumption that the owner had lost his life during the violence which occurred at that time. Chand Khand, father of the petitioner, was the owner of inter alia half share measuring 422 sq. yards falling in Khasra No. 591, Bhogal, jungpura (hereafter called ?the suit property? ). He was also owner of other adjacent properties bearing khasra No. 593 and 594.

( 2 ) AS part of the arrangements made at the dawn of Independence, for management and administration of properties which had fallen vacant, (left behind by those migrated to Pakistan or of those belonging to persons who lost their lives), the administration of Evacuee Property Act, 1950 (hereafter ?the 1950 Act?) was one in a series of legislative measures enacted by Parliament. Chand Khan had apparently gone missing or at least was not available for sometime in the wake of post partition riots. Apparently, it was reported that either he was killed during the riots or had migrated to Pakistan. Acting in terms of the 1950 Act, the properties of Chand Khan including inter alia the suit property was declared evacuee property; they vested in the custodian.

( 3 ) CHAND Khan had in fact never migrated to Pakistan; he was alive and working in new Delhi. He approached the authorities for restoration/restitution of the properties. An inquiry report dated 11. 10. 62 confirmed the veracity of Chand khan s claims. A further report was prepared on 27. 12. 63 by the Assistant custodian recommending issuance of final order, for restoration.

( 4 ) EVEN when the process for restitution was on, another wing of the Central government put the suit property to auction. As a result of this, the suit property was purchased by one Chhida Ram for Rs. 12500/- in 1965 and a conveyance was executed in his favour on 30th July 1965. Chhida Ram sold the property to smt. Kala Wati by virtue of a sale deed dated 11. 10. 65.

( 5 ) ON 01. 08. 66, the Central Government acting through the Settlement Commissioner passed an order in terms of Section 16 of the 1950 Act. The relevant portion of that order reads as follows: -"and WHEREAS the Central Government is satisfied: (i) That the conditions prescribed in the rules made in his behalf have been satisfied; (ii) That the evacuee properties described in the schedule are the properties of the applicant and (iii)that it is just and proper that the said evacuee properties should be restored to applicant; now THEREFORE, in exercise of the powers conferred by section of the administration of Evacuee Property Act 1950, the Central Government hereby declares that applicant to be entitled to the restoration of the evacuee properties described in the schedule and directs that action may be taken in regard to the said properties under Section 20-A of the Displaced Persons (Compensation and Rehabilitation Act, 1954, by the persons authorized in this behalf subject to the condition that the amount due to the Custodian in respect of the properties or the management thereof shall be paid by the applicant to the Custodian. SCHEDULE: half share of lease rights in Khasra No. 591 measuring 422 sq. yards corresponding to plot No. 107 and Municipal No. 4934 and full share of lease rights in Khasra NO. 593 and 594 situated in Jangpura, Bhogal, New Delhi corresponding to plot No. 108 and 109 and Municipal Nos. 4935-36. ? sd/- a. C. Vaswani settlement Commissioner and Ex-Offi: under Secretary to the Govt. of India. "later, on 4th October, 1971 in separation of 1966 order apparently in view of the dec

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