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CIVIL APPELLATE JURISDICTION: Civil Appeal No. 642 of 1966. Appeal by special leave from the judgment and order dated October 21, 1962 of the Punjab High Court (Circuit Bench) at Delhi in Civil Original No. 11-D of 1960 read with judgment and order dated October 26, 1964 of the said High Court in R.S.A. No. 245-D of 1964.

N. S. Bindra and D. D. Sharma, for the appellant. G. R. Rajagopaul, S. P. Nayyar for R. H. Dhebar, for the respondents.

The Judgment of the Court was delivered by Wanchoo, C. J. The appellant obtained a decree for over Rs. 41,000 against Modern Electric Iron and Brass Works, Delhi, which was the property of two partners, namely, Mohd. Sabar and Noor Mohd. Butt. in January 1950. He also obtained an- other decree for over Rs. 95.000 against the same two persons and ,one more to which proceeding the Custodian of Evacuee Property (hereinafter referred to as the Custodian) had also been made a party. Before. however, the first decree was obtained by the appellant. Mohd. Sabar and Noor Mohd. Butt had in April 1947 executed two deeds of release with respect to their property in favour of their wives. Later Mohd. Sabar and Noor Mohd. Butt and their wives migrated to Pakistan and their properties were -declared evacuee properties under the Administration of Evacuee Property Act, No. 31 of 1950, (hereinafter referred to as the 1950-Act). Under s. 10 of the 1950-Act the Custodian had the power to pay any debt due from the evacuee to any person subject to rules framed thereunder. Further under the Rules a person to whom an evacuee owed money could apply for registration of his claim and the Custodian could register such claim; but mere registration of a claim did not entitle the claimant to payment, and the Custodian could refuse payment for reasons to be recorded.