plaintiffs. The plaintiffs contended that the properties described in the suit measuring 21 kanals 15 marals in various khasra numbers situate in the village Indri, Tehsil Nooh, District Gurgaon had been allotted to the plaintiffs in consolidation proceedings in lieu of agricultural lands in khasra No.453 measuring 3 bighas 12 biswas in Khewat No.734 Khata No.936. The said property was claimed by the plaintiffs as held under a mortgage by one Nathan under a document dated 07.06.1897 and it was assigned in favour of the plaintiffs on 29.09.1907. It is also stated in the plaint that the properties had belonged to some Muslims who had fled to Pakistan and the properties not having been redeemed within the time prescribed by law, it had become the absolute property of the plaintiffs by prescription. Although the suit was filed against 15 defendants including defendants No.1 to 3, who represented the Union, Custodian Evacuee Property and Haryana State respectively the contest was only by the State contending that the property was vested with the Custodian under the Administration of Evacuee Property Act and the plaintiffs had no right to the same. The trial Court decreed the suit rejecting the defence but the Appellate Court in the appeal filed by the State namely defendants No.1 to 3 accepted the contention of the State with reference to 246/432 shares in properties which vested in the State and allowed for a decree to be passed for the remaining share. The second appeal has been filed against the partial decree granted in favour of the plaintiffs and seeking for decree in toto in respect of the whole property.
