Sarup Singh vs Haroon Etc on 4 November, 2008

              IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                           CHANDIGARH

                                       RSA No. 3483 of 2008(O&M)

                                       Date of Decision: 04.11. 2008

Sarup Singh                                         ......Appellant


      Versus


Haroon etc.                                         ...... Respondents


Coram:        Hon'ble Mr. Justice Ajay Tewari


1. Whether Reporters of local papers may be allowed to see the judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?


Present:  Mr.N.D.Achint, Advocate
           for the appellant.
                 ****
Ajay Tewari, J.

The only argument of learned counsel for the appellant is that

the auction in favour of the appellant by the Custodian Department could

have been challenged by the respondents only by way of appeal. Both the

Courts have found that the respondents being prior mortgagors had validly

redeemed the property in the year 1965 and had become owners in

possession thereof. Any action of the Central Government in declaring the

property as evacuee property or auctioning it in favour of the appellant

behind their back would not take away their right to file a civil suit.

In my opinion no fault can be found by this reasoning.

Jurisdiction of the Civil Court to entertain an action where a power has been

exercised completely outside the purview of a statute is well known and

needs no reiteration. The remedy for the appellant would be to seek refund

from the Custodian Department since it is proved that the said department
RSA No. 3483 of 2008 -2-

did not have title to auction the property in favour of the appellant.

Consequently this appeal is dismissed with no order as to costs.

(AJAY TEWARI)
JUDGE

November 04, 2008
sunita