MAHENDRA PRATAP DUBEYversusMANAGING OFFICER, EVACUEE PROPERTY & ORS.

                        [2018] 13 S.C.R. 791                               791


                  MAHENDRA PRATAP DUBEY                                    A
                                   v.
     MANAGING OFFICER, EVACUEE PROPERTY & ORS.
                   (Civil Appeal No. 6384 of 2010)
                         NOVEMBER 16, 2018                                 B
                    [A.M. KHANWILKAR AND
          DR. DHANANJAYA Y CHANDRACHUD, JJ.]
       Displaced Persons (Compensation and Rehabilitation) Act,
1954: s. 10(2)(o) – Sale certificate issued by the custodian of evacuee
property – Validity of – Jurisdiction of the Managing Officer to           C
determine – On facts, application by respondent no. 3 claiming that
she was occupying the suit property as a owner, having purchased
the same at a public auction and in furtherance whereof sale
certificate was issued in her favour and that respondent No.4,
through whom the appellant claimed his right, title and interest in        D
the suit property, was causing obstruction to her possession in the
suit property on the basis of some fictitious sale certificate – Allowed
by the Managing Officer (Evacuee Property) and thereafter, upheld
by the Authorities and the High Court – On appeal, held: Application
was moved by respondent no.3 and not by appellant or any of his
stated predecessor-in-title, as such the enquiry into the application      E
ought to be limited to the fact as to whether the documents relied
upon by respondent no.3 before the authority, to claim that she had
acquired right, title and interest in the suit property as a consequence
of issuance of certificate of sale, were genuine – Furthermore, the
appellant has not been able to establish any causal connection with        F
the suit property either on account of allotment of the suit property
to him or his predecessors, by the competent authority or otherwise
– Respondent no.4 has not claimed right in respect of the suit
property in any other capacity and appellant has failed to produce
the sale certificate in favour of respondent no.4 issued by the
Custodian of Evacuee Property – In view thereof, respondent no. 4,         G
or any person claiming through him-appellant, could not be
permitted to question the validity of the sale certificate issued by
the Managing Officer in favour of respondent No.3 and the issue
of jurisdiction of the Managing Officer to deal with the subject
property.
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                                        791
792            SUPREME COURT REPORTS                      [2018] 13 S.C.R.


A           Dismissing the appeal, the Court
              HELD: 1.1 The application was moved by respondent No.3
      and not by the appellant or any of his stated predecessor(s)-in-
      title. In that situation, the enquiry into the application ought to
      be limited to the fact as to whether the documents relied upon by
B     respondent No.3 before the authority, to claim that she had
      acquired right, title and interest in the suit property as a
      consequence of issuance of certificate of sale, were genuine.
      Neither the appellant nor his predecessor-in-title has challenged
      the validity of the said official documents issued in favour of
      respondent No.3 before the concerned authority or otherwise.
C     In the proceedings initiated by respondent No.3, because of the
      stand taken by her that respondent No.4 was also claiming right,
      title and interest in the suit property by virtue of a sale certificate
      issued in his favour by the Custodian, notices were issued by the
      competent authority to him as well as others to evoke their
D     response. However, they failed to produce any document, much
      less original documents, evidencing that the Custodian had issued
      a sale certificate in respect of the suit property in favour of
      respondent No.4. [Para 10][800-D-F]
            1.2 The appellant as well as respondent No.4 having failed
E     to produce any original document and since there was no record
      or entry in the official register to show that such a sale certificate
      was issued in favour of respondent No.4 by the Department, as
      concurrently found by the authorities, it must follow that their
      claim in respect of the suit property remained unsubstantiated.
      In other words, the appellant has not been able to establish any
F     causal connection with the suit property either on account of
      allotment of the suit property to him or his predecessors, by the
      competent authority or otherwise. [Para 11][800-G-H; 801-A]
            1.3 The finding of fact and conclusion that sale certificate
      issued in favour of respondent no. 3 is valid, came to be affirmed
G     by the Appellate Authority as well as the Revisional Authority for
      which reason the High Court declined to interfere. Once it is
      held that no sale certificate issued in favour of respondent No.4
      by the Custodian of Evacuee Property, under the 1950 Act is
      forthcoming nor any entry in the official register is found in that
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       MAHENDRA PRATAP DUBEY v. MANAGING OFFICER,                          793
                  EVACUEE PROPERTY

regard, all persons claiming through him (including the appellant)         A
must suffer the consequences of such a finding of fact. Notably,
respondent No.4 has not claimed right in respect of the suit
property in any other capacity, and in that view of the matter, it
cannot be understood as to how respondent no. 4, or any person
claiming through him, could be permitted to question the validity
                                                                           B
of the sale certificate issued by the Managing Officer in favour of
respondent No.3. [Para 12][802-E-G]
       1.4 The appellant, having failed to produce the sale
certificate in favour of respondent No.4 issued by the Custodian
of Evacuee Property under the 1950 Act, he cannot be heard to
raise the issue of jurisdiction of the Managing Officer to deal            C
with the subject property, including the validity of the sale
certificate issued in favour of respondent No.3. A deeper enquiry
as to how the Managing Officer assumed jurisdiction to issue the
sale certificate in favour of respondent No.3 would become
relevant and essential only if the appellant was able to substantiate      D
the fact, at least prima facie, that the suit property was, in fact,
transferred in favour of respondent No.4 by the Custodian of
Evacuee Property under the 1950 Act. [Para 14][803-B-D]
      CIVIL APPELLATE JURISDICTION: Civil Appeal No. 6384
of 2010                                                                    E
      From the Judgment and Order dated 26.02.2007 of the High Court
of Judicature at Allahabad in Civil Misc. Writ Petition No. 30158 of
1995.
     Anurag Dubey, Ms. Anu Sawhney, Bhupendra Kr. Bhardwaj,
Sanchit Maheshwari for Mohan Pandey, Advs. for the appellant.              F
      Ms. Meenakshi Kalra, E. C. Agrawala, Rajesh Kumar Advs for
the Respondents.
        The Judgment of the Court was delivered by
        A. M. KHANWILKAR, J.                                               G
       1. This appeal takes exception to the judgment and order dated
  th
26 February, 2007 passed by the High Court of Judicature at Allahabad
in Civil Misc. Writ Petition No.30158 of 1995, whereby the writ petition
filed by the appellant challenging the decision of the Chief Settlement
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794             SUPREME COURT REPORTS                         [2018] 13 S.C.R.


A     Commissioner, Board of Revenue U.P. at Lucknow was rejected. The
      Assistant Custodian/Managing Officer (Evacuee Property), Board of
      Revenue, Lucknow had allowed the application filed by respondent No.3
      - Mainmum Nissa @ Kumani, W/o Subrati @ Algu, R/o Village
      Singramau, Tehsil Shahganj, District Jaunpur, U.P., accepting her claim
      that she was occupying the suit property as owner thereof, having
B
      purchased the same at a public auction and in furtherance whereof a
      certificate of sale came to be issued in her favour and that respondent
      No.4 - Mohd. Sattar @ Mokhan (through whom the appellant claims his
      right, title and interest in the suit property) was causing obstruction to
      her possession in the suit property on the basis of some fictitious sale
C     certificate dated 30th September, 1968.
             2. Be it noted that the statutory authorities and the High Court
      have concurrently found that Ram Abhilakh (through whom the appellant
      claims to have acquired title in the suit property), to whom notice was
      issued by the authority and opportunity was given to produce the official
D     record in his possession to substantiate that he had acquired title in the
      suit property pursuant to a transfer by the Custodian in favour of Md.
      Sattar @ Mokhan, failed to do so. He avoided filing any document.
      Further, there was no record or any entry in the official register to show
      that any sale certificate was issued in favour of Md. Sattar @ Mokhan
      by the concerned department.
E
             3. On the other hand, it has been concurrently held that respondent
      No.3 had produced a certificate of sale dated 7th August, 1965 in her
      favour issued by the competent authority in reference to an auction
      conducted on 12th July, 1962, at which she purchased the subject property.
      Further, there was nothing to discredit the documents and the testimony
F     of respondent No.3 that she had acquired right, title and interest in the
      suit property by virtue of a certificate of sale in her favour. Such finding
      has been recorded by the first authority vide judgment and order dated
      4th May, 1985 and confirmed by the Collector, District Jaunpur, by
      dismissing the appeal preferred by the appellant bearing Case No.8/
G     1984/522 decided on 7th October, 1988 and further upheld by the Chief
      Settlement Commissioner, Board of Revenue, Lucknow, U.P., being the
      revisional authority, by dismissing the revision of the appellant bearing
      Revision No.1(RR) No./1988-89) District Jaunpur, decided on 5th August,
      1995. The High Court, therefore, declined to interfere in exercise of its

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    MAHENDRA PRATAP DUBEY v. MANAGING OFFICER,                                  795
      EVACUEE PROPERTY [A. M. KHANWILKAR, J.]

writ jurisdiction and dismissed the writ petition preferred by the appellant    A
vide impugned judgment and order.
       4. The moot question agitated by the appellant before the concerned
authorities and up till the High Court, was that the Managing Officer,
appointed under the Displaced Persons (Compensation and
Rehabilitation) Act, 1954 had no jurisdiction to determine the validity of      B
a sale certificate issued by the Custodian of Evacuee Property in exercise
of the powers conferred upon him under Section 10(2)(o) of the
Administration of Evacuee Property Act, 1950. This contention, however,
did not find favour with either the authorities or the High Court in view
of the findings of fact recorded against the appellant. The appellant was
neither able to assail the concurrent findings of fact recorded by the          C
authorities before the High Court nor did he produce the original sale
certificate dated 30th November, 1968 purportedly issued in favour of
respondent No.4 (Md. Sattar @ Mokhan), who had transferred the
property to one Shri Vishwanath S/o Kukhekahar who in turn transferred
the same to Ram Abhilakh S/o Parmananad, R/o Shahganj, District                 D
Jaunpur, from whom the appellant claims to have acquired the same.
       5. In the present appeal, the appellant has contended that if an
Indian citizen had left India to live in Pakistan, his property would become
an evacuee property as defined in Section 2(f) of the 1950 Act; and
whence the Custodian alone would have the power under Section 10 of             E
the 1950 Act to transfer such property in the manner prescribed by the
1950 Act. Further, such evacuee property could indeed be acquired under
Section 12 of the Displaced Persons (Compensation and Rehabilitation)
Act, 1954 by the Central Government, consequent to which the property
would lose the status of an evacuee property and the Custodian would
be divested of its power to deal with the same. That property would then        F
become a part of the compensation pool as envisaged under Section 14
of the 1954 Act and only thereafter, could the Managing Officer assume
control or authority over the same and dispose it of in the manner specified
under Section 20 of the 1954 Act. On facts, it has been argued on
behalf of the appellant that respondent No.3 admits that the property is        G
an evacuee property and has not claimed that it is a compensation pool
property. For, in the suit filed by the husband of respondent No.3 (Subrati),
being suit No.520/1982, it was asserted that the evacuee property has
been auctioned off to respondent No.3 by the Custodian; but in the subject

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796            SUPREME COURT REPORTS                        [2018] 13 S.C.R.


A     application dated 30th April, 1982 field before the Managing Officer,
      respondent No.3 claims that the suit property was purchased in an auction
      and consideration amount was deposited in the office of the Managing
      Officer and the sale certificate dated 7th August, 1965 came to be issued
      in her favour by the Managing Officer. Similarly, in the counter affidavit
      filed before this Court, respondent No.3 had claimed that the property
B
      was transferred to her by the Managing Officer. In substance, the
      argument is that respondent No.3 has taken a contradictory stand before
      different authorities and courts, which must militate against her.
             6. The contesting respondent, on the other hand, would contend
      that regard being had to the concurrent finding of fact recorded by the
C     authorities concerned and also upheld by the High Court, the sole issue
      raised by the appellant about the jurisdiction of the Managing Officer
      does not merit any interference. An abstract debate bereft of any proof
      produced by the appellant to establish that the suit property was
      transferred to respondent No.4 (Md. Sattar @ Mokhan) by the Custodian
D     in terms of sale certificate dated 30th November, 1968, does not merit
      examination. The question whether such a sale certificate was issued
      and, in fact, exists, could certainly be examined by the Managing Officer
      before whom the subject application dated 30th April, 1982 was filed by
      respondent No.3, by virtue of the enabling provision in Section 19 and
      the bar of jurisdiction of the civil courts in terms of Section 36 of 1954
E     Act. In such an enquiry, all aspects were open including to determine as
      to whether the sale certificate issued in favour of respondent No.3 by
      the office of the Managing Officer, is valid. It is submitted that all the
      authorities including the High Court have concurrently found that the
      sale certificate issued in favour of respondent No.3 in respect of suit
F     property dated 7th August, 1965 was genuine and valid. Furthermore, it
      has been concurrently found against the appellant that despite sufficient
      opportunity, his predecessor-in-title Ram Abhilakh S/o Parmanand did
      not produce any document; nor did respondent No.4 (Md. Sattar @
      Mokhan), through whom he (appellant) had claimed right, title and interest
      in the suit property, produce the original transfer document issued by the
G     Custodian to prove the genuineness of the transaction and further there
      was no record or any entry in the official register evidencing that any
      sale certificate was issued in favour of respondent No.4 (Md. Sattar @
      Mokhan) by the department. In that view of the matter, the question of
      law sought to be agitated by the appellant about the authority of the
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    MAHENDRA PRATAP DUBEY v. MANAGING OFFICER,                                797
      EVACUEE PROPERTY [A. M. KHANWILKAR, J.]

Managing Officer to decide the matter in issue concerning the sale            A
certificate issued by the Custodian of Evacuee Property under the 1950
Act would be tenuous and the Court should not enter upon that issue.
       7. We have heard Mr. Anurag Dubey, learned counsel appearing
for the appellant and Ms. Meenakshi Kalra, learned counsel appearing
for the respondents.                                                          B
       8. Indisputably, the respondent No.3 had filed an application before
the Assistant Custodian/Managing Officer (Evacuee Property), Board
of Revenue, Lucknow, which highlighted two aspects. First, that it be
declared or directed that she had acquired right, title and interest in the
suit property by virtue of the sale certificate dated 7th August, 1965        C
issued by the Managing Officer. Second, the claim of respondent No.4
(Md. Sattar @ Mokhan) that the suit property was transferred in his
favour by virtue of a sale certificate dated 30th November, 1968, issued
by the Custodian is non-existent and not genuine.
       9. Respondent No.3 in the subject application had asserted that        D
she had purchased the suit property at a public auction held on 12th July,
1962; and after payment of the sale consideration in the office of the
Managing Officer, a certificate of sale was issued in her favour on 7th
August, 1965. To buttress this submission, reliance has been placed by
respondent No.3 - Mainmum Nissa @ Kumani on (i) Receipt issued by
the Office of the Regional Settlement Commissioner, U.P., accepting           E
the consideration amount paid by her, (ii) Acceptance Letter issued by
the Assistant Custodian, Government of India, dated 10th June, 1965,
and (iii) Certificate of Sale issued under the signature of the Managing
Officer, Varanasi. The said documents read thus:
                                                         “Annexure -R2        F
      EVACUEE SIRAI
                    FORM NO.1
 OFFICE OF THE REGIONAL SETTLEMENT COMMISSIONER
                  UTTAR PRADESH
    Srl. No. 4209                Receipt No.30                                G
                                 Dated: 12.7.62


      Received from Mst. Maimunnisha alias Kumman, 170/- (Rupees
      One hundred seventy only) by cash on account of rent / licence
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798      SUPREME COURT REPORTS                         [2018] 13 S.C.R.


A     fee / licence money in respect of / as earnest money for
      KacchaKhander house of Evacuee Sirai in Village Sgramau, Teh.
      Shahganj, Jaunpur.
      Previous Receipt No.       Dated
      Note: Where payment is made by cheque and the cheque is
B     dishonoured by the bank, the receipt will be rendered in valid.
      H/B (highest bid) 1700/-
                                                            Sd/ (illegible)
                                                                   12.7.62
                                                          Jr. Accountant
C
      Subject to the approval of higher authorities”
                                                        “Annexure R-3
                             Form No. IX
                       ACCEPTANCE LETTER
D
                    GOVERNMENT OF INDIA
                MINISTER OF REHABILITATION
                  Office of the Assistant Custodian

E                                                       District Varanasi
                                                        Dated: 10.6.1965
      Smt. Maimun Nisha alias Kumman w/o Subrati alias (illegible)
      Shahganj, Jaunpur.

F
      Subject: Sale Kaccha House Khander,
      Situated at: Sigramau, Shahganj, Jaunpur.
      Evacuee: Sirai

G     You are hereby informed that you bid dated 12 July, 1962 for Rs.
      1700/- for the above noted property, has been accepted. You are
      further required to send by pot or to produce before the
      undersigned a treasury challan for the deposit of balance money
      of sale price amounting to Rs.1530/-, under Central head “S-
      Deposits and Advances – Part IV Suspense Accounts – P.A.O.
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MAHENDRA PRATAP DUBEY v. MANAGING OFFICER,                            799
  EVACUEE PROPERTY [A. M. KHANWILKAR, J.]

 Suspense – Transactions Adjustable with Pay and Accounts Office,     A
 Rehabilitation Delhi – Finally Adjustable by P.A.O. under the Head
 S – Deposits and Advances – Part II Deposits not bearing Interest
 – IVIL Deposits – Personal Deposits – Deposits on Account of
 Un-acquired Evacuee Property”, within 15 days from the date of
 issue of this letter.
                                                                      B
 Sd/-
 (B.B. VERMA)
 Assistant Custodian”
                                                 “Annexure R-4
             GOVERNMENT OF INDIA                                      C
          MINISTRY OF REHABILITATION
        OFFICE OF THE MANAGING OFFICER
                    VARANASI
                 APPENDIX XXII
              CERTIFICATE OF SALE                                     D
                (Free Hold Property)
                     Rule 90(15)
                                     Dated:7.8.1965
 This is to certify that Smt. Maimun Nisha alias Kamman w/o
 Subrati resident of Sigramau, Shahganj, Jaunpur having given the     E
 highest bid at a sale by public auction held in pursuance of the
 powers conferred upon me under Section 20 of the Displaced
 Persons (Compensation and Rehabilitation) Act, 1954 (44 of 1954)
 on the 12th day of July 1962 of the properly described in the
 Schedule and his bid having been accepted and the valid thereof
 having been paid by him in cash/ by adjustment of compensation       F
 due on his and his associates claims has been declared the
 purchaser of the said property with effect from 25th day of June
 1965. Given under my hand and seal of my office this 26th June of
 1965.
                   SCHEDULE                                           G
 Kaccha House Khander                       EVACUEE
 Sigramau, Evacuee                          Sirai Sale price 1700/-
 Shahganj, Sirai
 Jaunpur
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800             SUPREME COURT REPORTS                         [2018] 13 S.C.R.


A     East – House of Jokhu& Field
      West – House of Gaya Dargai
      North – Road
      South – House of Dase
                                                                          Sd/-
                                                                 (B.B. Verma)
B
                                                              Managing Officer
                                                                    Varanasi”


              10. From the acceptance letter, it is noticeable that it has been
C     issued under the signature of one B.B. Verma, Assistant Custodian and
      the same person issued a certificate of sale in his capacity as Managing
      Officer. It must be kept in mind that the application was moved by
      respondent No.3 and not by the appellant or any of his stated
      predecessor(s)-in-title. In that situation, the enquiry into the application
      ought to be limited to the fact as to whether the documents relied upon
D     by respondent No.3 before the authority, to claim that she had acquired
      right, title and interest in the suit property as a consequence of issuance
      of certificate of sale, were genuine. Neither the appellant nor his
      predecessor-in-title has challenged the validity of the said official
      documents issued in favour of respondent No.3 before the concerned
E     authority or otherwise. In the proceedings initiated by respondent No.3,
      because of the stand taken by her that respondent No.4 (Md. Sattar @
      Mokhan) was also claiming right, title and interest in the suit property by
      virtue of a sale certificate issued in his favour by the Custodian, notices
      were issued by the competent authority to him as well as Vishwanath S/
      o Sukhi and Ram Abhilakh S/o Parmanand to evoke their response.
F     Despite opportunity given by the competent authority, they failed to
      produce any document, much less original documents, evidencing that
      the Custodian had issued a sale certificate in respect of the suit property
      in favour of respondent No.4 (Md. Sattar @ Mokhan).
            11. The appellant as well as respondent No.4 having failed to
G     produce any original document and since there was no record or entry in
      the official register to show that such a sale certificate was issued in
      favour of respondent No.4 (Md. Sattar @ Mokhan) by the Department,
      as concurrently found by the authorities, it must follow that their claim in
      respect of the suit property remained unsubstantiated. In other words,
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   MAHENDRA PRATAP DUBEY v. MANAGING OFFICER,                              801
     EVACUEE PROPERTY [A. M. KHANWILKAR, J.]

the appellant has not been able to establish any causal connection with    A
the suit property either on account of allotment of the suit property to
him or his predecessors, by the competent authority or otherwise. The
Assistant Custodian on analysing the factual position in its judgment
observed thus:
      “I have gone through the file and found there is no such documents   B
      have been filed by the objector whose genuineness can be
      examined except the objection which has been filed on behalf of
      O.P. Sri Ram Abhilakh stating that this tribunal has got no
      jurisdiction to examine the genuineness of sale certificate that
      which one is correct out of these two documents.
                                                                           C
      In this regard I have to mention that this has been the consistent
      view of the higher tribunal under the O.P. (C & P) Act No. 44 of
      1954, that in a case in which the nature of each complaint is that
      some forged deeds have been reported to have been issued by
      the Assistant Castodian/Managing Officer the said officer can
      meet enquiries and can ask the person concerned to produced the      D
      relevant papers to examine their veracity find out if any such
      deed was at all issued. In this connection a copy of order of Sri
      Prem Narain, Settlement Commissioner (Judicial) passed on
      11.10.76 in appeal No.14/SC/PN/U/70,SriMohd. Shamim Vs.
      Managing Officer, Lucknow was filed as an examper, in which it       E
      has been held that the Managing Officer can certainly look into
      the matter on receipt of complaint and can pass appropriate order
      on that basis. Accordingly, the parties were directed to produce
      relevant papers, the applicant Smt. MaimunNissa filed the original
      & photo copy of receipt of earnest money, acceptance letter dt.
      10.6.65 and the sale certificate dt. 7.7.65 referred to above, and   F
      supported her contention on affidavit. Sri Ram Abhilekh did not
      produce any document and also did not produce Sri Mohd. Satar
      @ Mohkan the alleged original transferred from the custodian to
      prove the genuineness of the transaction. On the other hand the
      evaded to file the documentation the plea that the same cannot be    G
      looked into by the tribunal; which as stated above can always be
      looked in this circumstances of the case.
      In the absence of any papers or evidence of Sri Ram Abilekh
      the matter was examined with the available records.
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802             SUPREME COURT REPORTS                            [2018] 13 S.C.R.


A            The connected file shows that first the house was put to
             sale on 16.3.62 when the bid of Smt. Amina was the highest
             for Rs.1210/- and an amount of Rs.121/- was deposited but
             subsequently for non deposit the balance money the sale
             was cancelled and the earnest money deposited was
             forfeited.
B
             It further seems from the documents filed that the house
             was put to sale on 12.7.82 and it was knocked down in favour
             of MaimunNissa, who deposited Rs.170/- as earnest money
             and on receipt of acceptance letter dt.10.6….. she deposited
             the balance sale consideration money on 26.6.65 and
C            thereafter the certificate of sale was issued in her favour
             on 7.7.65 by Sri B.B. Verma, Managing Officer, Varanasi. I
             have seen the original documents. There is nothing to
             discredit the said documents and the testimony of Smt.
             MaimumNissa. There is no record in the office or any entry
D            in the office register to show that any Sale Certificate was
             issued in favour of Mohd. Sattar @ Mohkan by this
             department. The sale certificate issued in favour of Smt.
             MaimunNissa is accordingly held valid.”
                                                               (emphasis supplied)
E            12. This finding of fact and conclusion came to be affirmed by the
      Appellate Authority as well as the Revisional Authority for which reason
      the High Court declined to interfere. Once it is held that no sale certificate
      issued in favour of respondent No.4 (Md. Sattar @ Mokhan) by the
      Custodian of Evacuee Property, under the 1950 Act is forthcoming nor
F     any entry in the official register is found in that regard, all persons claiming
      through him (including the appellant) must suffer the consequences of
      such a finding of fact. Notably, respondent No.4 (Md. Sattar @ Mokhan)
      has not claimed right in respect of the suit property in any other capacity,
      and in that view of the matter, we fail to understand as to how Md.
      Sattar @ Mokhan, or any person claiming through him, could be permitted
G     to question the validity of the sale certificate dated 7th August, 1965
      issued by the Managing Officer in favour of respondent No.3 (Mainmum
      Nissa @ Kumani).
             13. The appellant had placed emphasis on the finding rendered in
      the civil suit filed by the husband of respondent No.3, for permanent
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    MAHENDRA PRATAP DUBEY v. MANAGING OFFICER,                                    803
      EVACUEE PROPERTY [A. M. KHANWILKAR, J.]

injunction against respondent No.4 (Md. Sattar @ Mokhan). However,                A
we agree with the concurrent view taken by the authority concerned
that the said finding will be of no avail to the appellant. For, respondent
No. 3 was not impleaded as a party in the said suit.
       14. Suffice it to observe that the appellant, having failed to produce
the sale certificate in favour of respondent No.4 (Md. Sattar @ Mokhan)           B
issued by the Custodian of Evacuee Property under the 1950 Act, he
cannot be heard to raise the issue of jurisdiction of the Managing Officer
to deal with the subject property, including the validity of the sale
certificate issued in favour of respondent No.3. A deeper enquiry as to
how the Managing Officer assumed jurisdiction to issue the sale certificate
in favour of respondent No.3 would become relevant and essential only             C
if the appellant was able to substantiate the fact, at least prima facie,
that the suit property was, in fact, transferred in favour of respondent
No.4 (Md. Sattar @ Mokhan) by the Custodian of Evacuee Property
under the 1950 Act. Accordingly, this appeal must fail.
        15. In view of above, the appeal is dismissed with costs.                 D


Nidhi Jain                                                    Appeal dismissed.



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