Disputed title to evacuee property must be left to the civil court before any restoration decision is taken.
Where title to evacuee property is seriously disputed and a civil suit is already pending, a writ court should not decide that title in proceedings arising under Section 15 of the Goa Administration Evacuee Property Act, 1964. The statutory scheme leaves determination of competing title claims to the civil court, and the restoration authority must await that decision before acting on any application. The person asserting title is entitled to be heard in the subsequent restoration proceedings, and the civil suit should be decided expeditiously without being influenced by observations on title.
Issues: (i) whether the writ court could enter into and decide disputed questions of title in proceedings arising from an order under Section 15 of the Goa Administration Evacuee Property Act, 1964; (ii) whether, in the facts of the case, the matter of title and restoration of the property had to be left to the civil court and the competent authority was required to act only after the civil suit was decided.
Issue (i): whether the writ court could enter into and decide disputed questions of title in proceedings arising from an order under Section 15 of the Goa Administration Evacuee Property Act, 1964.
Analysis: The statutory scheme contemplated that disputed title over evacuee property could be determined by the civil court and not by the administrator or the Government. Where a civil suit on title was already pending, the writ court ought not to decide that controversy in proceedings challenging the administrative order. The controversy regarding the validity of the alleged alterations in the will and the competing claims over the property was a matter for civil adjudication.
Conclusion: The writ court was not justified in deciding the disputed question of title.
Issue (ii): whether, in the facts of the case, the matter of title and restoration of the property had to be left to the civil court and the competent authority was required to act only after the civil suit was decided.
Analysis: Section 15 enabled restoration of evacuee property, but where title was in dispute the civil court remained the final authority. The authority considering restoration had to await the civil court's decision and could thereafter decide the application in accordance with law. The appellant, claiming title, was entitled to be heard in the subsequent proceedings, and the civil suit was directed to be decided expeditiously without being influenced by the High Court's observations.
Conclusion: The title dispute was left to the civil court, and the competent authority was to consider restoration only after the civil suit was decided, with the appellant afforded a hearing.
Final Conclusion: The appeal succeeded to the extent that the High Court's findings on title were not allowed to stand, and the matter was remitted to the civil court and the competent authority for further action in the manner directed.
Ratio Decidendi: Where title to property is seriously disputed and a civil suit is pending, a writ court should not adjudicate that title, and the statutory authority dealing with restoration must defer to the civil court's determination.
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