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