Property No. S-1-12-S-26; Krishna Gali No. 4, Railway Road, Lahore, was transferred in favour of Mst.
Sondhi by the D. S. C. On 20-11-1963. A P. T. O. Was issued on 14-7-1964 and after receipt of the transfer price, P. T. D. Was issued on 22-9-1966. On Mst. Sondhi's demise, the property was devolved on her brothers Muhammad Sharif, respondent, and Haji Habibullah, who surrendered his rights in favour of the said respondent. The Evacuee Property Trust Board filed an application under section 4(3) of the Displaced Persons (Compensation and Rehabilitation) Act, 1958 for a declaration that the property was an evacuee trust property. It was examined by the learned Settlement Commissioner with the powers of the Chief Settlement Commissioner, who observed that "it has been alleged that the property was Janj Ghar', and as such, it was a trust property. The petitioners have, however, adduced no evidence to substantiate their allegation, though they were given ample opportunity to do so. On the other hand, the respondent has produced Jamabandis which go to show that the property in question stood in the name of evacuee Herjimal son of Harkishan Das, and was subsequently mutated in the name of Mool Chand son of Lobi Mal and Lachhman Das, Harjas Rai and Bhagwan Das son of Dhani Ram. It has been asserted that the said property was never a trust property, and it was only after service of notices under section 30 of Act XXVIII of 1958 on the tenants of the said property that these proceedings had been initiated at their instance. It has been pointed out that in the P. A. List of the year 1947, the property in suit was assessed by the Municipal Corporation of Lahore and shown in the name of individuals and not described as a trust property. From the facts stated above, it is evident that the petitioners have failed to prove that the said property was attached to any charitable, religious or educational trust, whereas the respondent has produced documentary evidence, including revenue record to show that the property stood in the name of individual evacuee. The declaration asked for cannot therefore, be granted. The reference is disposed of accordingly." This is vide order dated 14-10-1969.
Against this order the present appeal has been filed by Evacuee Property Trust Board. Along with it an application under Order XLI, rule 27 read with section 151, C. P. C. Has been filed for production of additional evidence in the form of P. A. List of Lahore Municipal Corporation for the year 1946 and a photo showing the inscription on the property in question as 'Janj Gha'. It is stated that the P. A. List was not placed on record inadvertently.
2. Learned counsel for the appellant has contended that the property was Janj Ghar as would appear from the additional document sought to be produced and, therefore, it being an evacuee trust property could not have been transferred to Mst. Sondhi.
3. First the application under Order XLI, rule 27 read with section 151, C. P. C. May be disposed of.
Certified copy of the P. A. List sought to be produced as additional evidence was obtained by the appellant on 25-9-1967 and, therefore, there was no reason not to produce the same before the competent authority. The photo by no means would conclusively show that it relates to the property in dispute, though it might in fact be so. Independent evidence had to be produced to relate the photo with the property in question and that not having been done at the proper stage, it cannot be allowed at this stage. In any case, from the order of the learned Settlement Commissioner/C. S. C.; quoted above, it would appear that P. A. List of the year 1947 of the Municipal Corporation Lahore was produced before the Officer which showed that the property was owned by private individuals and not described as a trust property. The same would hold true in respect of the P. A. List of the year 1946 placed on record by the appellant. From a perusal of column 4 thereof, which is meant for the name of the owner, it will appear that it is written there in Lala Dhani Ram. No doubt in column 3, after giving the number of the property, it is written as R. H. Janj Ghar. The mere use of the property a Janj Ghar would not transform it into trust property. There had to be some evidence to show that the owner Lala Dhani Ram had created a trust of the property. The learned S. C./C. S. C. Has referred to Jamabandis to show that the property was an evacuee property. . The evidence produced before the trial Court was properly assessed and a finding has been recorded that the property was evacuee property and not evacuee trust property. Nothing has been shown to militate against that finding.
4. In view of what has been stated above, there is no force or merit in this appeal and the same is, accordingly, dismissed. In the circumstances, the parties shall bear their own costs.