FAZAL ILAHI KHAN, J.--Two Regular First Appeals bearing No.16 of 1974 (Muhammad Yousaf and 43 others v. Chairman Evacuee Trust Property) and 17 of 1974 (Mian Muhammad Younas v. Chairman Evacuee Trust Property and others) under section 4(4) of the Displaced Persons (Compensation and Rehabilitation) Act, 1958 against the order of Raja Hamid Mukhtiar Ahmad, Chairman Evacuee Trust Property Board, Government of Pakistan, Lahore dated 16-8-1974, whereby on a reference made to it by this Court on 24-5-1968 in Writ Petition No.74 of 1963, the disputed property namely (Kanshi Nand Building Peshawar) was held attached to Sanatan Dharam High School a religious Educational Institution and held Evacuee Trust Property within the meaning of section 4(2) of the Displaced Persons (Compensation and Rehabilitation) Act, 1958. This order is also relevant for the disposal of W.P.No.203 of 1981 (Mukhtiar Gul Oureshi v. Chief Settlement and Rehabilitation Commissioner and three others). As common questions of fact and law are involved in all the three matters we, therefore, propose to dispose of all of them by this single judgment.
2. Facts of the case giving rise to the present dispute between the parties, briefly stated, are that the property in dispute known as `Kanshi Nand Building' situated outside Kabuli Gate, Peshawar m the limits of Cantonment Board, Peshawar having been held to be a big mansion under the provisions of Displaced Persons (Compensation and Rehabilitation) Act, 1958 (hereinafter to be referred as the Act) was put to auction on 10-11-1959 after the notices were duly published as required under the relevant law. Syed Rahimullah Qabil claiming himself to be a displaced person gave the highest bid of Rs.4,45,000 which was accepted by the Chairman, Auction Committee and approved by the Chief Settlement Commissioner on 5-12-1959 for an area measuring 44,000 sq.
Feet. The auction --purchaser allegedly deposited the entire price of the building through .An agreement of association with those have Compensation Books. However, those Compensation Books were returned as the associate of the auction-purchaser were not willing to take the property after deduction of land measuring 16,500 sq. Feet. Comprising Survey No.395 which already stood transferred to the Director Military Lands and Cantonments, Ministry of Defence Rawalpindi vide letter dated 18-12-1958 addressed to the Chief Settlement Commissioner, Lahore.
Accordingly the auction was cancelled and the building mentioned above was again put to auction on 14-3-1963. Aggrieved by the re-auction the highest bidder in the first auction challenged it in W.P. No.74 of 1963. During the pendency of the writ petition an application was moved by as many as 53 persons, who were occupants of individual units of the building, through Karimullah Durrani Advocate for their impleadment as parties to the writ petition. It was their case that the building was wrongly treated as big mansion and that each individual tenant was entitled to the property in his possession under Scheme No.Vlll, framed under the Act. When they were impleaded as respondents to the writ petition S. Rafaqat Ali Shah and 52 others in their joint written statement raised a preliminary objection that there being a claim made by the Evacuee Trust Property Board that the building in question is a trust property, the building in question would not be available for transfer by auction or otherwise till the character of the property is adjudicated upon and determined as required under the law. Some of them also addressed letters to various agencies and placed a copy of one such letter on judicial file of the writ petition which is reproduced as follows:- The Deputy Commissioner, (Chairman Trust Properties), Pershawar District, Peshawar.
Sir, We, the undersigned tenants of Kanshi Nand Building B, Cantt: Peshawar beg to bring the following to your kind notice and for favour of due consideration:- In about 1901, when the land outside Kabuli Gate was barren, Mufti Fida Mohammad approached the then Chief Commissioner for the grant of land on the southern side of the road outside Kabuli Gate for an Islamic Institution. The land was granted and that building is now a trust property.
Seeing this, the Personal Assistant of the Chief Commissioner Mr. Kanshi Nand also applied for the grant of land on the Northern side of the road for building of Hindu Institute. Thus acquiring the land he established Sanatan Dharam High School and built the shops to support the expenses of the School. He was not the proprietor of this Kanshi Nand Building but a Trustee and after his death his wife Sherimati Jatto-Devi was Trustee of the same Hindu Institute till 1947 when she migrated to India.
1t is, therefore; requested that this building may not please be put to auction since it is not an Evacuee Property. The building may please be, given to the Trust Department.
We beg to remain, Sir, Your Most Obedient Servants,
1. Sd/- (S. Rafaqat Ali Shah)
BA., LL.B., Advocate
2. Sd/-Rahmat Ullah3. Sd/-A. Rashid for UniversityBook Agency, Chairman West Pakistan, Federation of Lahore.
4. Sd/-M. Yousaf, Khyber Studio O/Side, Kabuli Gate Peshawar City,
5. Sd/-M. Bashir, Advocate
6. Sd/-Shah Medical Hall Peshawar (M. Shah)
Copy forwarded to:-- 1.Hon'ble Minister Auqaf, 2.The Director of Auqaf Committee, Lahore.
3.The Deputy Commissioner, Peshawar.
4.The Director of Education, Peshawar.
5.The Vice-Chancellor, Peshawar University.
6.The Chief Settlement Commissioner, Lahore for information.
An application was also moved on behalf of the Chairman District Evacuee Trust Committee, Peshawar for his impleadment as a party in the Writ Petition. It was alleged in the application that the property, subject-matter of the Writ Petition, is evacuee trust property and is attached to religious, charitable and educational institution and the question involved, Le, the status of the property, required determination under section 4(3) of the Displaced Persons (Compensation and Rehabilitation) Act, 1958 as amended by Ordinance XIII of 1964.
3. After hearing the learned counsel for the parties on the application their Lordships allowed the application for impleadment of Chairman Evacuee Trust Board vide order dated 24-5-1968 and accordingly the matter was referred to the Chief Settlement Commissioner as required under the law for determination of the status of the property. It was observed that after the decision given on the question the parties aggrieved, if so advised, could prefer an appeal against such decision within the statutory period as provided by section 4(4) of the Act. The following question was referred for adjudication:- "Whether the Kanshi Nand Building Peshawar, which was the subject---matter of this writ petition, is or is not attached to charitable, religious or evacuee trust or institution."
The writ petition was, however, kept pending and the Chief Settlement Commissioner was asked to send a copy of the decision to the Registrar of the Court whereafter the writ petition was to be fixed for hearing. The relevant authority took cognizance of the matter and recorded evidence of the parties interested and thereafter declared the property as evacuee trust property it being attached to Sanatan Dharam High School a religious and educational institution. A copy of the order was sent to the Registrar whereafter the writ petition was dismissed it having become infructuous as the propriety for the aggrieved party was to challenge it in appeal as provided under the law. The order of dismissal of the writ petition was neither challenged by the petitioner nor by the added respondents, hence the order attained finality.
4. Aggrieved by the order of the Chairman Evacuee Trust Property Muhammad Yousaf son of Muhammad Ayub resident of Kanshi Nand Building and 43 others have challenged it in Appeal No.16 of 1974 while Mian Muhammad Younas Khan has preferred Appeal No.17 of 1974. Mukhtiar Gul Qureshi Proprietor Public Arts Press has also challenged the said order in Writ Petition No.203 of 1981.
5. The learned counsel for the Evacuee Trust Property Board raised a preliminary objection to the competency of the appeals. According to the learned counsel on the repeal of evacuee laws by Evacuee Trust Property (Management and Disposal) Ordinance, 1974 and Act XIV of 1975, the right of appeal under section 4(4) of the Act of 1968, was no more available to a person aggrieved by the order of the Chairman Evacuee Trust Board and the proper remedy was by filing a revision petition, before the Federal Government or its nominee. Both the appeals referred to above were, therefore, objected to be incompetent.
6. On merits of the case the learned counsel for the appellants contended that the property in dispute was evacuee property as it formed part of the Compensation Pool. Accordingly, initially applications were called for its disposal under the relevant scheme framed for the disposal of evacuee property but when the property was declared to be a big mansion it was ordered to be put to auction. In the auction the highest bid of Rahibullah Qabil was accepted but he failed to deposit the auction money in time and after considerable period deposited some Compensation Books and deed of association. There also arose dispute regarding the area whereafter the associate refused to get the property, hence on the failure of the auction-purchaser to deposit the amount the auction was cancelled and the property was again put to auction. This time Haji Khan Shinwari offered the highest bid but as the first auction-purchaser had challenged the order of cancellation of his auction in W.P.No.740 of 1963, referred to above, no further proceedings in the matter could be taken. The second auction- purchaser also did not pursue the matter any further.
7. As already pointed out it was during the pendency of the aforementioned writ petition that on the promulgation of Scheme VIII the occupants of the building applied for the transfer of the area in their respective possession. They also resisted the writ petition and challenged the auction on the grounds stated in the earlier part of the judgment. It was in this background that status of the property assumed paramount importance and the Evacuee Trust Board was made party to the writ petition and the matter was referred to the competent authority under section 4(3) of the Act of 1958 for determination herein stated above.
8. The learned counsel for the appellants in view of this factual aspect of the case vehemently argued that the property in dispute was treated an evacuee property and formed part of Compensation Pool and as such was put to auction under the Scheme framed under the Act, that there was no legal evidence led before the Chairman Evacuee Trust Property Board to show that the property was attached to any charitable, religious and educational institution or that the same was expressly or impliedly dedicated for any settled object of the trust. The learned counsel also relied on certified copy of a plaint (copy Exh.P.W.Ll/1) to show that the property was in the private ownership and was the subject-matter of partition proceeding in the Civil Court in the year, 1937.
Reference was made to the copy of indenture and the copy of the G.L.R. Placed on file, in which the property in dispute is not described to be a trust property. The learned counsel further argued that to constitute a trust there must be an express dedication in writing as provided under section 5 of the Trust Act (Act II of 1882). The learned counsel in support of his contention placed reliance on Deputy Administrator, Evacuee Trust Property, Lahore v. A.R. Chaudhary and 4 others (1981 CLC Part II page 1006), Shafiquddin and others v. Mahbub Elahi and others AIR 1930 Lahore 714. Evacuee Property Trust Board v. Lahore Improvement Trust and another PLD 1969 Lahore 243; Master Chiragh Din v. Abdul Hakim and another PLD 1974 Lahore 370 and Divisional Evacuee Trust Committee, Karachi v. Abdullah and 2 others 1970 SCMR 503.
9. The learned counsel for the respondents, however, argued that it has been established on the record through reliable and independent evidence that the property in dispute is attached to religious, charitable and educational institution i.e. "Sanatan Dharam High School" the existence of which has not been denied even by the appellants. It was further argued that the Settlement Authorities illegally and without any justification started interference in the property after the non- Muslims' migration to India and more so when the school was closed. It was argued that the property in question was basically acquired for the establishment of Hindu trust in the name of "Sanatan Dharam High School" and the building was raised to have a permanent source of income for running it. According to the learned counsel the original owner had totally divested himself of the property and had been left with no proprietary interest in it. The rent of the premises whosoever used to collect it was to be paid to the institution. Thus for all practical purposes, it was argued, the property was a trust property attached to the institution and no exception could be taken to the declaration made by the Chairman, Evacuee Trust Board. Several other legal and factual objections were raised to the conduct and locus standi of the appellant. In support of his contention the learned counsel based reliance on Syed Abdus Saleem and 153 others v. The Chairman, Evacuee Property Trust Board, Lahore and another PLD 1975 Lahore 960.
10. After hearing the learned counsel for the parties we feel that the only question involved in these appeals, requiring determination, is whether the property in dispute is evacuee trust property or not. Trust has been defined under the Evacuee Trust Properties (Management and Disposal) Act, 1975 as follows:- "evacuee trust property" means the evacuee trust properties attached to charitable, religious or educational trusts or institutions or any other properties which form part of the Trust Pool constituted under this Act:'
Admittedly immovable, properties attached to any charitable, religious or educational trust or institution have been excluded from the Compensation Pool constituted under subsection (1) of section 4 of Displaced Persons (Compensation and Rehabilitation) Act, 1958. It is also not denied by the parties that the property in dispute is an evacuee property but to prove whether the finding given by the Chairman that it is attached to charitable, religious or educational trust or institution re-appraisal of the evidence produced by' the parties is necessary. Both the learned counsel for the parties in the appeals did not challenge the factual aspect that parties have led evidence in respect of their respective point of view before the authority on the question of fact referred to above.
11. Mr. Ashraf Ali an Advocate from Peshawar appeared as T.W.1 and stated that he joined "Sanatan Dharam High School" in the year 1940 and that after migration of the Hindus the school was taken over by the Provincial Government and was named was "Government High School No.2"; that he passed his Matriculation Examination from this Institution in the year 1948; that a portion of the building used as class rooms and office of the Head Master as Manager of the school was subsequently occupied by Public Arts Press on the closure of the School; that Shirimati Jatto Devi was the widow of R.B. Kanshi Nand and that there was a marble plaque bearing the year 1926 and it was inscribed thereon 'Waqf Shirimati Jatto Devi'. He further stated that the school was managed by a committee and a society for advancement of education. When asked, in cross-examination, he positively stated that he personally knew that "Sanatan Dharam High School" was being run as trust institution. HC denied the suggestion put to him that as the school was housed in the building therefore, he took it for a trust property.
One Aziz Bakhsh Registration Assistant Officer of the Registrar, Joint Stock Companies, Peshawar appeared with the relevant record pertaining to "Sanatan Dharam High School Society" and stated that the Society was registered on 12-5-1926 under the Societies Registration Act, 1860 (Act XX1 of 1860) and that a certificate to this effect was issued on 14-6-1926. He also produced tile relevant file which contained the original memorandum of 'Sanatan Dharam High School Society' and placed on file a copy of it which is Exh.T.W.2/2. He was, however, unable to say whether the Hindu Societies and trusts were taken over by the Custodian Department or not. In his cross-examination he stated that a notice was issued to the President of Sanatan Dharam High School Society, Peshawar on 24- 7-1946 by the Registrar Joint Stock Companies and placed on file a copy of it which is Exh.T.W.X/l.
He further stated that the Custodian or Rehabilitation Department did not take record of the Society but it was for the first time the Deputy Commissioner, Peshawar as Chairman of the Evacuee TrustCommittee who got attested copy of the memorandum of the rules of Association of the trust on 5-12-1967, but stated that there was no mention of any immovable property belonging to the trust in his record and that neither Lala Kanshi Nand nor Shirimati Jatto Devi was shown as member or office-bearer of the Society.
Muhammad Sharif, Superintendent Education Department Peshawar appeared as T.W.3 with the relevant record of the Education Department and stated that the Education Department had through letter No.21725 dated 11-3-1963 requested District Evacuee Trust Committee for handing over the building occupied by Sanatan Dharam High School to Custodian Department as the same was an educational institution before 1947 but it stopped functioning somewhere after 1947 because of local disturbances. He was unable to show that any building grant was given to Sanatan Dharam High School, Peshawar.
Khan Bahadur Shah Alam Khan, a retired Director Public Instructions, deposed that in the year 1935 he took over the charge of Inspector Vernacular Education N.-W.F.P. Peshawar and in that capacity used to visit the schools including "Sanatan Dharam High School" located in the Kanshi Nand Building, in dispute, outside Kabuli Gate, Peshawar; that there was a Managing Committee for running the school; that Kanshi Nand building was waqf property and the aforementioned school was run on the income derived from the building; that the school was given aid by the Government and the Head Master was a member of the Managing Committee; that there were class rooms inside the building and a compound; and behind it were shops over which there were raised Balakhanas.
He further stated that on the death of Kanshi Nand he was survived by his widow Mst. Jatto Devi and on her behalf rent used to be collected by Eshar Dass a nephew of Rai Bahadur Kanshi Nand who used to tell him that the income of the Kanshi Nand Building did not belong to them but to Sanatan Dharam High School. It was also stated that he became Secretary of the Islamia Club Building opposite to Kanshi Nand building and remained as such for many years; that while studying the record of Islamia Club Building he came to know that the Government land on either side of the road was allocated in a manner that over the land to the south late Mufti Fida Muhammad Pleader built a club house, a library, lecturers Hall, shops and Balakhanas. This entire block of buildings is known as "Islamia Club Building" which is a waqf property. M. Fida Muhammad had collected the fund for raising the building from public. The land to the north of the road was given to the Hindus headed by Kanshi Nand who was PA. To Chief Commissioner of the Province. In cross-examination he did state that he was unaware as to whether the grant of the land was made in the name of Kanshi Nand or in the name of Hindu Community in general.
Mian Ziauddin. Bar-at-Law aged about 70 years made similar statement. He fully corroborated the statements of the other witnesses and added that he joined the newly-constructed Sanatan Dharam High School in his 9th Class. That the school was located behind the shops and Balakhanas owned by Kanshi Nand who was a retired Assistant Commissioner. It had class rooms an4 compound in the building. He further stated that Kanshi Nand was issueless and as such had delivered a speech that he had dedicated the income of the property to meet the expenses of the Society.
Khawaja Muhammad Ashraf who appeared before the Chairman deposed that he was posted as District Inspector of Schools, Peshawar during the year 1938-40 and in that position he used to inspect Rai Bahadur Kanshi Nand Siri 'Sanatan Dharam High School' twice or thrice every year it being an aided institution. The institution was run by a trust presided by R.B. Kanshi Nand with certain other adherence of Sanatan Dharam Sect of the Hindus like Jewan Mal Kakar, Mr. Basheshar Nath and his father R.B. Harjimal. The school used to hold an annual conference in which eminent Sanatan Dharam Lecturers used to take part. The Conference used to be for 3/4 days. He further stated that the Committee managing the school was a trust-cum-management committee; but the word 'trust' is not specifically mentioned in his record, however, the rent of the shops is mentioned its source of income in the relevant columns. When cross---examined he was unable to recollect who used to collect the rent.
12. Of the occupants who participated in the proceedings, Muhammad Yousaf occupant of shops 6 and 7 in Kanshi Nand Building who appeared as witness No.l stated that Muhammad Ayub his father got the shops on rent from the Munshi of Mst. Jatto Devi widow of R.B. Kanshi Nand and used to pay rent to her upto 1947. He placed on file the original receipts and its photostat copies of the years 1938-39 and 1940. He further stated that on the partition of the sub--continent the Custodian Department was realising the rent from him and in support thereof placed on file photostat copies of two receipts of the year 1959--60. According to him on the death of R.B. Kanshi Nand Mst. Jatto Devi became the owner of the entire building and that Sanatan Dharam High School or its management never realised the rent of the shops from him. He admitted that Sanatan Dharam High School was within the compound of the building and was having class rooms and playground. He did not confirm or deny the fact that the income of the building was utilised for running Sanatan Dharam High School. It was admitted that after 1947 all the verandahs of the School excepting one have been either demolished or these have fallen down. It was also admitted a portion of the school has been converted into a hotel and on a portion previously used a play ground there is a tonga stand.
Abdul Majid occupant of shops 10 and 13 examined as O.W.2 stated that in the year 1927 he was studying in 4th class in "Sanatan Dharam High School" when the shops in question were rented out to his uncle; that the rent was being paid to Mst. Jatto Devi. He also did not deny or confirm the suggestion drat the income of the building was utilised for running the school.
13. The learned counsel representating the Evacuee Trust Committee, Peshawar produced several certificates and copies of various documents which are exhibited on the file. There was also placed on file memorandum of Sanatan Dharam High School Society, a registered Society, in the name of Sanatan Dharam High School Society, with the following objects:-
(a) to facilitate the acquirement of sound education for the sanatanist in particular and all in general;
(b) to teach Sans Krit and Hindi Bhasha, .
(c) to impart moral and religious instructions based on the teachings of the sacred Vedas, Shastra and Puranas along with secular education in the Sanatan Dharam High School, Peshawar and its branches --------- The following gentlemen will be life trustees of the school and the movable and immovable property of the school will stand in their name. Any vacancy in the Board of Trustees will be filled by the remaining trustees by selecting a member of the Society. (See rule 3)
Treasurer to keep full and accurate accounts of all income and expenditure of the Society in a regular register. And lay it accurately before the committee.
The certificate issued from the office of the Registrar of the Joint Stock Companies, dated 22-5- 1926, in pursuance of Act XXI of 1960 is to the effect that the memorandum of Sanatan Dharam High School Society, Peshawar has been filed in register of the Society duly registered as a society under the said Act.
1.4. No evidence was led by the Custodian or by the Rehabilitation Department in rebuttal. The learned Chairman on consideration of the evidence referred to above held that it was proved on the record that "Sanatan Dharam High School" was started by R.B.Kanshi Nand which was housed in the said building. That the Society was duly registered and its objects explained in the memorandum of the Society. Reference was also made to Exh.T.W.I/1, 5/1, 6/1, 8/1 and 9/1 in support of the fact that the school was located in the building and it was being run by R.B.Kanshi Nand and after his death by his widow. After discussing the entire evidence produced by the Evacuee Trust Committee it was observed as under:- "The oral evidence produced on behalf of the District Evacuee Trust Committee, Peshawar comprises of men of high integrity and totally of disinterested character. For instance as already discussed Mian Zia-ud-Din a former diplomat has appeared as witness No.8 on behalf of the District Evacuee Trust Committee, Peshawar and has stated that the school was being run by Rai Bahadar Kanshi Nand and the income of the Kanshi Nand building was devoted to meet the expenditure of the said school. Mian Zia-ud-Din has no interest whatsoever in the disputed building and he has deposed the above facts only in the public interest. Similarly Khan Bah:idar Shah Alam Khan a very high esteemed person in N.-W.F.P. Who has appeared as witness No.7 has also supported the version that the building was a trust building and the school was run on the income derived from this building. Mr. Ashraf Ali Khan, Advocate, Peshawar who has appeared as witness No.l has also supported the case of the District Evacuee Trust Committee and has further stated that there was a marable plaque on which the name of Shrimati Jatto Devi was inscribed - - - - - - - - - -".
As against this the evidence led by the respondents in support of their case was found of no help to their cause. Reference was made to the statement of Abdul Majid (P.W.2) where he has admitted that sometime the rent of the shops used to be realised by Munshi of Mst.Shrimati Jatto Devi and sometime by Santok Singh, a Peon of the school. The learned Chairman personally visited the building and made his personal observation that the school building, the shops and Balakhana are in one compact block.
15. Keeping in view oral as well as documentary evidence referred to above we find that no objection can be raised to the finding given by the learned Chairman holding the property to be evacuee trust property. The evidence led by the Evacuee Trust Committee which is disinterested and reliable has neither been shattered in cross-examination nor any evidence in its rebuttal has been produced. The question whether the property is evacuee trust property is a question of fact and can be proved like any other fact in issue by a forum of competent jurisdiction as held m Deputy Administrator, Evacuee Trust Property, Lahore v. A.R. Chaudhary and four others 1981 CLC Part 11 Page 1006. The creation and existence of a trust may be proved either by words spoken or acts done towards the object for creating such trust. Keeping in view this aspect of the case we are of the view that it has been proved on the record that Sanatan Dharam High School was established as a religious and educational institution through a registered Society with settled objects enumerated in its memorandum in the circumstances opposite to "Islamia Club Building"
Waqf created by the' Muslims.
16. It is most significant that neither Custodian nor Rehabilitation authority has challenged the declaration made about the status of the property before any competent forum. The conduct and locus standi of the appellants and that of the writ petitioner also deserves special consideration. As has been earlier observed the occupants of the building including Mukhtiar Gul Qureshi, the writ petitioner in Writ Petition No.203 of 1981 had been impleaded as party to the earlier writ petition as far back as 19th of March, 1967. In those proceedings they were all along asserting that the property is evacuee trust property and for that purpose were making representations to the higher authorities against its auction and transfer under the Settlement Schemes. It was in these circumstances and on the behest of the majority of the occupants and the District Evacuee Trust Board that the determination of status and character of the property received paramount importance before their Lordships in those proceedings. It was in the presence of the parties herein and their counsel that the question raised was referred to the Chairman Trust -Board and the writ petition was revived on receipt of the declaration given in pursuance of the order of the High Court.
The writ petition I was heard on merits in presence of the parties and the objection of some of them that the writ petition be kept pending till the decision of the appeals/revision C petitions before the competent forums against the order of the Chairman, was not acceded to and the writ petition was dismissed as having become infructuous, on 19-5-1975. As stated above the appellants themselves were all along agitating that the property in dispute is evacuee trust property, they are estopped by their conduct to turn round and take a new stand in seeking the transfer of this property in their favour under the Settlement Laws. The learned Chairman based his order on very sound and cogent reasons which has not been rebutted. As far as the case of Mukhtiar Gul Qureshi is concerned, he did not challenge the order of the Chairman Evacuee Trust Board in appeal/revision and kept quiet even after the dismissal of the writ petition in the year 1975 to which he was a party and has come to this Court for the first time in the year 1981. On both these grounds i.e. That on his failure to challenge the order in appeal and on the ground of inordinate delay and conduct his writ petition merits dismissal.
For the reasons stated above without going into the question of competency of the appeals on the repeal of the Evacuee Laws we would dismiss these appeals on merits. The parties are left to bear their own costs.