Ajit Prakash Shah, C.J.

1. Chand Khan, father of the first respondent, was the owner of half share measuring 211 square yards falling in Khasra No. 591, Bhogal, Jungpura (hereinafter called .the suit property.). He was also owner of other adjacent properties bearing Khasra Nos. 593 and 594. 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. The properties of Chand Khan including the suit property were declared evacuee property under the Administration of Evacuee Property Act, 1950 (hereinafter referred to as 1950 Act.) and they vested in the Custodian. Chand Khan had in fact never migrated to Pakistan; he was alive and working in New Delhi. In 1954 he moved an application for restoration/restitution of the properties. An enquiry report dated 11th October, 1962 confirmed the veracity of Chand Khans claims. A further report was prepared on 27th December, 1963 by the Assistant Custodian recommending issuance of final order for restoration. Even when the process for restoration was on, another wing of the Centra