By a numberification dated February 19, 1952, the Pakistan Government exempted from the operation of the provisions of the said Ordinance cash deposits made at Banks by persons other than companypanies or associations or bodies of individuals whether incorporated or number.
23 of 1955 and succeeded to the entire rights and liabilities of the Imperial Bank of India.
2,341/11/ on account of the said principal and interest at 6 per annum on the ground that the said amount had got become evacuee property and the liability of the Imperial Bank of India had number therefore ceased.
The appellant was accordingly substituted in the said proceedings for the Imperial Bank of India.
70 of 1951 before the Tribunal companystituted under the said Act at Delhi claiming Rs.
449 of 1966.
104 D of 1958.
Niren De, Attorney General, S. V. Gupte, H. L. Anand and K. B. Mehta, for the appellant.
On the partition of India, the joint Hindu family and its members admittedly became eva cuees and the then Imperial Bank of India, Bhawalpur State, sold the pledged goods in the year 1948 for the realisation of its dues in the said cash credit account and credited a sum of Rs.
Appeal by special leave from the judgment and order dated September 12, 1963 of the Punjab High Court Circuit Bench at Delhi in Civil Revision No.
104 D of 1958.
Bishambar Lal, M. R. Garg, H. K. Puri.
On May 9, 1953, Shri Ghamandi Ram number deceased as manager and karta of the joint Hindu family, firm filed an applica tion under s. 13 of the Displaced Persons Debts Adjustments Act, 1951 Act No.
2,54,1/11/ left as surplus balance after the adjustment of the dues of the Imperial Bank of India in the said account.
On October 15, 1949, the Pakistan Government promulgated Pakistan Administration of Evacuee Property Ordinance, 1949 Ordinance No.
The Ordinance was amended in 1951 by the Pakistan Administration of Evacuee Property Amendment Act, 1951 Act No.
and Radha Kishan Makhija, for the respondent.
The expression evacuee property was defined by s. 2 sub s. 3 of the Ordinance to include any right or interest in joint Hindu family property.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
3,165/11/ including Rs.
Shri Ghamandi Ram was the manager and karta of the said joint Hindu family firm during the material period.
XV of 1949 whereby all property in Pakistan in which an evacuee had any right or interest vested in the Custodian of Evacuee Property with retrospective effect from March 1, 1947.
This appeal is brought by special leave from the judgment of the Punjab High Court dated 12th September, 1963 in Civil Revision No.
The Judgment of the Court was delivered by Ramaswami, J. M s. Ghamandi Ram Gurbax Rai, a joint Hindu family firm companysisting of Ghamandi Ram, since deceased, Gurbax Rai, Chainan Lal and Jagan Nath, used to carry on business in Bhawalpur State number forming part of West Pakistan, before the partition of India.
The said firm had pledged goods as security for the repayment of the advances made in the said account.
The application was allowed by Mr. Justice D. K. Mahajan by his judgment dated 12th September, 1963 on the ground that the amount claimed by the respondent was cash deposit made by an individual in terms of the numberification dated February 19, 1952 and was thus beyond the purview of the provisions of the Ordinance.
104 D of 1958.
During the pendency of the proceedings be fore the Tribunal the appellant Bank was companystituted under the provisions of the State Bank of India Act, 1955 Act No.
Before the partition of India, the joint Hindu family firm had a cash credit account in its name in the then Imperial Bank of India, Bhawalpur State number within Pakistan territory.
Cash deposits in Banks were how ever excepted from the definition of the term property by s. 2 5 of the Ordinance.
By its order dated November 1, 1956, the Tribunal dismissed the application of the respondent on the ground that in terms of the law enforced in Pakistan the deposit in the Bank in the account of the firm had become an evacuee property and would be deemed to have vested in the Custodian with effect from March 1, 1947 and by virtue of the said vesting the liability of the Bank had ceased.
11 27 .
The respondent took the matter in revision before the Punjab High Court being Civil Revision No.
VI of 1951 whereby s. 2 5 of the Ordinance was amended so as to bring cash deposits in Banks within the definition of the term property.
