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 legislat

Click Here to Read the rest of this document