Jagat Narayan, J.—This is an appeal by Inder Singh and Sham Singh whose suit for the grant of various reliefs was dismissed by the courts below on the ground that the civil court had no jurisdiction to try it.

2. The relevant facts are these : Two brothers Abdul Aziz and Faiz Mohammad were owners of 30 Bighas 1 Biswa agricultural land situated in Chak No. 49 GGA Tehsil Karanpur District Ganganagar. They mortgaged 8 Bighas 13 Biswas out of this land on 29.4.1947 usufructurially in favour of the plaintiffs by means of a registered mortgage deed. They also executed an agreement of sale on 21.7.1947 in favour of the plaintiffs agreeing to sell their entire land for a sum of Rs. 8300/-. They admitted the receipt of this consideration in full and promised to execute a sale deed within a year. But after the partition of the country they left their village. They were declared to be evacuees and their land amounting to 30 Bighas 1 Biswa was declared to be evacuee property under order dated 7.6.1955 passed by the Assistant Custodian of Evacuee Property Sri Ganganagar. Inder Singh and Sham Singh then filed an application under the Evacuee Interest (Separation) Act in respect of the contract of sale. The Competent Officer was of the opinion that althought they were entitled to a charge on the land belonging to the evacuees to the extent of Rs. 8000/- prepaid purchase price he had no power to grant relief to them under the aforesaid Act as a charge did not fall within the definition of claim given in sec. 2(b). He however held that they were entitled to a sum of Rs. 1406/8/- in respect of their rights as usufructuary mortgatees over 8 Bighas 13 Biswas of the land if the Custodian wanted to redeem the property.

3. The plaintiffs thereupon instituted suit No. 228 of 1957 in the Court of the Civil Judge Ganganagar on 9.10.1957 against the Custodian of Evacuee Property, the State of Rajasthan, the Competent Officer and one Wazir Singh for a declaration of their charge on 30 Bighas 1 Biswa land belonging to the evacuees and for other appropriate reliefs. It may be mentioned here that part of the property was auctioned in favour of Wazir Singh by the Custodian before the institution of this suit. That suit is still pending.

4. Subsequently 22 Bighas 8 Biswas out of the land of the evacuees was allotted by the Government of India to Bhola Singh and Waryam Singh under the Displaced Persons (Compensation and Rehabilitation) Act, 1954. The present suit was then instituted against the Union of India, the Managing Officer of Acquired Evacuee Agricultural Property and Settlement Officer, Sriganganagar, Waryam Singh and Bhola Singh in the court of the Civil Judge Ganganagar for the grant of substantially the same reliefs as were sought in the earlier suit. The suit was contested inter alia on the ground that the jurisdiction of the civil court was barred. A preliminary issue was framed on the point which was decided against the plaintiffs by the trial court as well as by the lower appellate court. Against that decision the present appeal has been preferred.

5. It was not disputed before me by the learned Deputy Government Advocate that under the provisions of Sec. 55(6)(b) of the Transfer of Property Act the buyer has a charge on the property as against the seller and all persons claiming under him for the amount of any purchase money paid by the buyer in consideration of the execution of a formal deed of sale and of delivery of property. Irrespective therefore of the fact as to whether or not the property in suit was delivered to the plaintiffs they would have a charge to the extent of Rs. 8,000/- on the property of the evacuees if they succeed in establishing that consideration to this extent was paid either in cash or by adjustment of previous debts on the date of the execution of the contract of sale on which they rely or at an earlier date.

6. The only question which therefore arises for determination in the present appeal is whether the trial of a suit

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