AIR 1960 RAJASTHAN 283 ::ILR (1960) 10 Raj 641

Rajasthan High Court

Hon'ble Judge(s): I. N. Modi , J

Administration of Evacuee Property Act (31 of 1950) , S.46— Jurisdiction of civil court - Bar of suit imposed by S.46 is limited - Suit to establish right of inheritance to estate brought in civil court - Suit is not barred. Section 46 of the Administration of Evacuee Property Act, 1950, creates new jurisdiction which is in derogation of a right of suit in competent courts of law; it must be strictly construed.(Para 6a) Section 46 does not create an absolute bar against a civil court or a revenue court dealing with a matter which may have been decided by the Custodian or Custodian General under the Administration of Evacuee Property Act. The bar as to the jurisdiction of the civil courts should be upheld only to the extent to which it is strictly necessary to do so. This bar cannot apply where the Custodian or the Custodian-General has acted without jurisdiction or in excess of his jurisdiction. Case law referred.(Para 12) @page-Raj284 Immediately on the demise of a muhammadan estate-holder leaving no sons or wife surviving him, his estate, according to the Muhammadan Law, vests in the heir who is nearest to him. Where, therefore, aggrieved by the result of the mutation proceeding wherein half of this estate is recorded in the name of other distant heirs in spite of the opposition o....