Mr. Anil Kshetarpal, J. - By this judgment, RSA No.3776, 3868 of 2008, Civil Revision No. 8874 of 2017 and COCP No. 2011 of 2016 shall stand disposed of. In both the regular second appeals concurrent findings of the courts below have been challenged.

2. In the considered view of this court, two issues need determination. For Subsequent orders see RA-CR-232-CII-2018

(1) What is the scope of a separate suit filed to challenge the ex-parte decree passed by a competent court of jurisdiction?

(2) Whether in absence of any notification or evidence, the property can be held to be evacuee property?

3. Two suits were filed. One by Ram Lal seeking declaration with a consequential relief of permanent injunction challenging civil court judgment and decree passed in Civil Suit No.213 of 1985, decided on 20.10.1985. The second suit was filed by Man Singh, defendant in the first suit, seeking decree of permanent injunction. Both the suits were consolidated and disposed of by a single judgment passed by the trial court. Two appeals filed by the appellant herein i.e. Ram Lal have also been disposed of by a common judgment by the first appellate court.

4. It is significant to note that all