Bishan Narain, J.

1. The Custodian informed the Competent Officer appointed under the Evacuee Interest (Separation) Act, 1951, in accordance with provisions of Section 6 of the Act to the effect that the land measuring 110 bighas situated in village Bapah, tehsil Thanesar, was composite property in which evacuees had mortgagors interest. He required separation of that interest. The Competent Officer was also informed that Darshan Lal claimed the mortgagees interest in the property. In response to the notice issued by the Competent Officer, Darshan Lal filed his claim under Section 7 of the Act alleging that the evacuees had no interest in the property when they left this country for Pakistan as the mortgagees had been in continuous possession of the land in dispute as such for more than 60 years by that time and relied on Article 148 read with Section 28 of the Indian Limitation Act. The Competent Officer held that the Custodians declaration that the evacuees as mortgagors had interest in the property was binding on him and then treating it as composite property extinguished that mortgagees interest therein in accordance with Section 9 of the Evacuee Interest (Separation) A