Civil court jurisdiction is barred over evacuee property claims; part performance cannot create title without registered transfer.

Civil courts lack jurisdiction over disputes concerning property declared evacuee property where the claimant is a transferee from the evacuee; the proper remedies lie under the special statutory machinery for objections, appeal and revision. The article also notes that Section 53-A of the Transfer of Property Act cannot be used to found a suit for declaration of ownership, because part performance is a defensive doctrine and does not create title or replace a registered conveyance. The combined effect is that a transferee cannot maintain a civil suit for ownership in the face of the statutory bar and absence of registered transfer.

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Issues: (i) Whether a civil suit by a transferee claiming title or interest in property declared evacuee property is barred by Section 46 of the Administration of Evacuee Property Act, 1950; (ii) Whether Section 53-A of the Transfer of Property Act, 1882 could be invoked to sustain the suit for declaration of ownership.

Issue (i): Whether a civil suit by a transferee claiming title or interest in property declared evacuee property is barred by Section 46 of the Administration of Evacuee Property Act, 1950.

Analysis: The Act provides a complete machinery for persons interested in evacuee property to raise objections under Section 7(1) and to pursue appellate and revisional remedies under Sections 24 and 27. Section 46 expressly excludes the jurisdiction of civil and revenue courts to entertain or adjudicate upon questions whether any property, or any right or interest in it, is evacuee property. Where the property admittedly belonged to the evacuee and the claimant is only a transferee from the evacuee, the proper course is to pursue the remedies created by the Act and not to bring a civil suit.

Conclusion: The suit was barred by Section 46 of the Administration of Evacuee Property Act, 1950 and the issue was decided against the appellant.

Issue (ii): Whether Section 53-A of the Transfer of Property Act, 1882 could be invoked to sustain the suit for declaration of ownership.

Analysis: The claimant sought a declaration that he was the owner of the property, but title had not passed because there was no registered sale deed. Section 53-A is a defensive doctrine of part performance and does not create title or support a suit to establish ownership. It could not therefore overcome the absence of a registered conveyance or confer jurisdiction on the civil court.

Conclusion: Section 53-A of the Transfer of Property Act, 1882 did not assist the appellant and the issue was decided against the appellant.

Final Conclusion: The civil suit could not be maintained, the statutory bar under the evacuee property legislation operated, and the appellant was left to the remedies provided by that Act.

Ratio Decidendi: Where property is declared evacuee property and the claimant is a transferee from the evacuee, the jurisdiction of civil courts is barred by the special statute, and a plea of part performance cannot be used to found a suit for declaration of title in the absence of a registered conveyance.

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