Appeal No 885 of 1963
Appeal from the judgment and decree dated April 8 1960 of the Andhra Pradesh High Court in Appeal No 211 of 1956
T V R Tatachari for the appellant
N section Bindra and R N Sachthey for the respondent
The Judgment of the Court was delivered by Wanchoo J
The only question raised in this appeal on a certificate granted by the Andhra Pradesh High Court is whether the suit brought by the appellant is barred under section 46 of the Administration of Evacuee Property Act No 31 of 1950 hereinafter referred to as the Act
The facts are not in dispute and may be briefly narrated
On November 15 1946 the appellant claimed to have pur chased certain patta lands from one Abdul Aziz Khan and paid him Rs 61278 in Osmania Sicca
The appellant got possession of the land and thereafter in June 1949 Abdul Aziz Khan applied in the Tahsil office for the transfer of the patta in the name of the appellant
Before however any transfer was made Abdul Aziz Khan seemed to have migrated to Pakistan
Consequently the Deputy Custodian took steps to declare Abdul Aziz Khan an evacuee
In that connection the appellant received notice from the Deputy Custodian in December 1950 under section 7 of the Act asking him to show cause why the land should not be declared evacuee property
Though the appellant s case was that he engaged a counsel to appear on his behalf before the Deputy Custodian no one seems to have appeared on his behalf and in consequence the Deputy Custodian declared the property to be evacuee property
Thereafter the appellant was given a notice requiring him to surrender possession of the land to the Tahsildar
The appellant then made representation before the Deputy Custodian that he had purchased the property from Abdul Aziz Khan in 1946 and was the owner thereof from before the Evacuee Property Law came into force
The Deputy Custodian called upon him to produce evidence and thereafter recommended to the Custodian that the property might be declared not to be evacuee property
The Custodian did not accept this recommendation on the ground that there was no registered sale deed duly executed by Abdul Aziz Khan in favour of the appellant and 216 no transfer of property could therefore be said to have taken place in 1946 and ordered that the declaration of the property as evacuee property should stand and further said that if the appellant was aggrieved by this decision he could obtain a declaration of his rights from a competent court
In consequence the appellant filed the suit out of which the present appeal has arisen in the court of the Subordinate Judge Nizamabad and prayed that a declaration be made that he was the owner of the property and in possession thereof and that the Custodian be ordered to execute and register a sale deed thereof in his favour
The suit was resisted by the Custodian and the main contention raised on his behalf was that the suit was barred under section 46 of the Act
The Subordinate Judge however held that the appellant was entitled to the benefit of section 53 A of the Transfer of Property Act No 4 of 1882 and that the civil court had jurisdiction inasmuch as the sale had taken place before 1947
The Custodian then went in appeal to the High Court and the only question raised there was that the suit was barred under section 46 of the Act
The High Court reversed the decision of the Subordinate Judge and held that the appellant had been given notice under section 7 of the Act in December 1950 and did not appear before the Deputy Custodian with the result that the property was declared as evacuee property
The High Court further held that after this declaration the appellant s remedy was to proceed by way of appeal or revision under the Act and that a suit was barred in view of section 46 thereof
The appellant s contention that as he was a third party he was entitled to maintain the suit was negatived by the High Court
In consequence the High Court dismissed the suit but directed the parties to bear their own costs
The appellant then obtained a certificate from the High Court to appeal to this Court and that is how the matter has come up before us
We are of opinion that there is no force in this appeal
It is unnecessary to consider the cases cited at the bar on behalf of the appellant for whatever may be the position of law where the title of the evacuee himself is in dispute as to which we express no opinion there can be no doubt that where the property admittedly belonged to the evacuee and the person filing the suit claims to be a transferee from the evacuee the suit would certainly be barred in view of section 46 of the Act
Section 46 inter alia lays down that save as otherwise expressly provided in this Act no civil or revenue court shall have jurisdiction to entertain or adjudicate upon any question whether any property or any right to or 217 interest in any property is or is not evacuee property
 It is admitted that the appellant had received notice from the Deputy Custodian under section 71 of the Act but had neglected to appear before him and it was in those circumstances that the Deputy Custodian declared the property to be evacuee property
That order of the Deputy Custodian could be taken in appeal under section 24 by the appellant to the authorities provided under the Act and if necessary the appellant could also go in revision to the Custodian General under section 27
The scheme of the Act clearly is that where the property admittedly belongs to the evacuee any person claiming the property or any interest or right therein has on receipt of a notice under section 71 to appear before the authorities entitled to deal with the matter under the Act
Any person aggrieved by an order of such an authority made under section 7 has the right to appeal under section 24 and if necessary to go in revision under section 27
The Act thus provides a complete machinery for a person interested in any property to put forward his claims before the authorities competent to deal with the question and to go in appeal and in revision if the person interested feels aggrieved
Having provided this complete machinery for adjudication of all claims with respect to evacuee property the Act by section 46 bars the jurisdiction of civil or revenue courts to entertain or adjudicate upon any question whether any property or any right to or interest in any property is or is not evacuee property
Where therefore the property or any right to or interest in any property undoubtedly belonged to the evacuee and any transferee from the evacuee claims the property or any right to or interest therein he has to avail of the remedies provided under the Act
If he fails to do so he cannot file a suit in the civil or revenue court to have the question whether any property or any right to or any interest therein is or is not evacuee property decided in view of the clear provision of section 46 a of the Act
The fact that the Custodian in his order said that the appellant could go and establish his right in a competent court is of no assistance to the appellant for if the law bars the jurisdiction of civil and revenue courts the Custodian s observation that the party before him could go to a competent court to establish his right will not confer jurisdiction on a civil or revenue court
Nor can it be said on the facts found in the present case that the appellant had become the owner of the property before 1947 for admittedly the property was worth more than Rs 100 and it is not disputed that a registered sale deed was necessary to pass title from Abdul Aziz Khan to the appellant
No registered sale deed was executed in this case and therefore the property did not pass from Abdul Aziz Khan to 218 the appellant even up to the time when Abdul Aziz Khan became an evacuee
It may be that if Abdul Aziz Khan had tried to get back the property section 53 A of the Transfer of Property Act would come to the aid of the appellant in defence
But the present suit has been filed to establish the right of the appellant as owner of the property and in such a suit the appellant cannot take the benefit of section 53 A of the Transfer of Property Act
We therefore hold in agreement with the High Court that the suit is clearly barred under section 46 a of the Act
The appeal therefore fails and is hereby dismissed
In the circumstances we pass no order as to costs
GC Appeal dismissed


Summary:
The appellant purchased certain land from one A in 1946
Although the land was valued at more than Rs 100 no registered deed of sale was executed
In 1949 A was declared an evacuee and the appellant was given notice by the Deputy Custodian of Evacuee Property to show cause why the land should not be declared evacuee property
No appearance was put in by the appellant in answer to the notice and the land was declared evacuee property
The appellant represented to the departmental authorities that he had become owner of the land before the Evacuee Property law came into force
The Custodian did not accept the plea and observed that if the appellant was aggrieved by the decision he could obtain a declaration of his rights from a competent court
The appellant therefore filed a suit which was contested by the department on the ground that section 46 of the Administration of Evacuee Property Act was a bar
The subordinate Judge held that the court had jurisdiction because of section 53A disagreed with the Subordinate Judge and reversed his decision
The appellant then came to this Court by special leave
HELD  The scheme of the Evacuee Property Act clearly is that when the property admittedly belongs to the evacuee any person claiming the property or any interest or right therein has on receipt of a notice under section 71 to appear before the authorities entitled to deal with the matter under the Act
Any person aggrieved by an order of such an authority made under 3 7 has the right to appeal under section 24 and if necessary to go in revision under section 27
The Act thus provides a complete machinery for a person interested in any property to put forward his claims before the competent authorities
Having provided this machinery the Act by section 46 bars the jurisdiction of civil and revenue courts to entertain or adjudicate upon any question whether any property or any right or interest in any property is or is not evacuee property
Any transferee from an evacuee claiming the property or any right or interest therein has to avail of the remedies under the Act and cannot go to a civil court
The fact that in the present case the Custodian in his order said that the appellant could go to a competent court could not confer jurisdiction on the Court
Nor could it be said on the facts found that the appellant had become the owner of the property before 1947 for admittedly the property was worth more than Rs 100 and without a registered sale deed it was not possible for the title to pass
It way be that if A tried to get back the property section 53 A of the Transfer of Property Act would come to the aid of the appellant in de 215 fence
But the present suit had been filed to establish the right of the appellant as owner of the property and in such a suit the appellant could not take the benefit of section 53 A 217 B 218 B