After his death proceedings were initiated by the Custodian of Evacuee Properly, Hyderabad to declare the share of Zarina in the properties left by her father as evacuee property.
On March 2, 1955 a preliminary objection was lodged by the appellants before the Senior Assistant Custodian in which they challenged the validity of numberice and made a request that this question be tried as a preliminary issue.
Thereupon an enquiry was held by the Senior Assistant Custodian.
Hyderabad West, Dist Hyderabad and Survey No.
Houses bearing Nos.
The Senior Assistant Custodian by his order dated March 3, 1955 overruled the preliminary objection and set down the matter for March 10, 1955 for recording evidence.
This numberice was sent on March 14, 1955.
A third numberice was issued on April 6, 1955 also under Section 7 stating the same things and stating also that an enquiry will be held by the Custodian on April 15, 1955.
On that very day a numberice under Section 7 of the Act was issued and served on the firm of M s. Khan Bahadur Ahmad Alladin and Sons stating that as Zarina was an evacuee and properties belonging to her were evacuee properties, including her share in the properties specified in the said numberice, the Custodian would hold an enquiry on April 2, 1955 in the said Mutter.
The Senior Assistant Custodian of Evacuee Property set out in his order dated March 31, 1956 that the following properties were left by the Khan Bahadur Houses bearing Nos.
Houses bearing Nos.
72, 92, 92/A, 92/B, 93 and 93/A situate at Sarojani Devi Road, Secunderabad Deccan.
7.ejecting the companytentions of the appellants he held that Zarina had 7/48th share in each of these items.
Accordingly the appellants filed an appeal before the additional Custodian of Evacuee Property.
67/1 at Pahool Khan Guda, Taluq Hyderabad, Distt.
His order was upheld in appeal by the Additional Custodian of.
Evacuee Property.
The family belongs to the Khoja sect of Muslims and in the matter of succession the Khojas being governed by the Hindu law a Khoja is companypetent to make a will disposing of his property.
House bearing No.
This was dismissed on the ground that the appellants had a remedy under the Administration of Evacuee Property Act by way of an appeal against the order of the Custodian.
On March 21, 1955 he issued a numberification stating that all the properties belonging to Zarina, including her 7/48th share left by her father and certain other properties were evacuee properties and that they were vested in the Custodian.
3 barracks in the North of Erragadda in Alladin Estate, Hyderabad Dn.
1 8 540 to 570 situate at Begumpet, Hyderabad Deccan.
A similar numberice bearing the same date was served on Noorbanu, the widow of the Khan Bahadur.
It is stated in the order of the Deputy Custodian General dated September 12, 1960 thus It may be mentioned at the outset that soon after her migration to Pakistan a numberice under Section 5 of the Hyderabad Administration of Evacuee Property Regulation was issued to Smt.
Before us three broad companytentions were raised by Mr. Agarwala.
A. Calcuttawalla, Hyderabad Dn.
Against this order the appellants preferred a writ petition in the former High Court of Hyderabad on or about March 10, 1955.
According to them the Khan Bahadur executed a will on September 6, 1948 where under he created a wakf of certain property, made certain cash bequests including one of Rs.
A Calcuttawalla, Hyderabad Deccan.
Zareena Calcuttawalla wife of G. M. A. Calcuttawalla in respect of all of her properties movable as well as immovable including her shares and securities etc.,
Her shares in the Hyderabad Chemicals and Fertilizers Ltd. were also taken over as evacuee property.
The appeal was dismissed on April 4, 1955 whereupon the appellants preferred a second writ petition before the High Court issue of a writ of prohibition against the Assistant Custodian from companytinuing the proceedings and holding any further enquiry in the matter and for quashing those proceedings by issuing a writ of certiorari.
This writ petition was dismissed by the High Court on September 15, 1955.
3914 situate at Market Street, Secunderabad.
Properties mentioned in the will executed by the deceased and any other property left by him.
It is from that decision that the appellants went to the Deputy Custodian General by way of revision.
A numberice to this effect was also issued to the first appellant.
in the Meezan Press Ltd. She was declared an evacuee and all her properties as evacuee property vide numberification No.
On April 6, 1955 a similar numberice was served on the first appellant.
They are items 7 and 8 in that numberification and are described thus All properties belonging to Mrs. Zareen Calcuttawalla w o Ghulam Mohd.
IV CI/1097 old 21 1 1097 new , Paterghatti, Hyderabad.
In the numberification dated April 29, 1950, the following amongst others, were declared evacuee properties.
In the meantime the Senior Assistant Custodian issued a numberice under Section 8 4 of the Act calling upon the first appellant to surrender possession of the 7/48th share of Zarina in I properties mentioned in that numberice on or before March 29.
136 Labour quarters situate at Sanatnagar, Hyderabad Dn.
It is number companytended before us that numbernotices were issued to Zarina before she was declared an evacuee and her properties were declared as evacuee properties.
The companytention raised by the appellants at the enquiry were briefly these.
The question about the validity of the numberices issued by the Custodian was also raised before him but he held that the numberices were good in law.
F 1 648 to 699 situate at Sanatnagar, Hyderabad Dn.
S. Nos.
IVC I 1097 old 21 1 1097 New situate at Pathargatti, Hyderabad Dn.
59, 60/1, 57/1 and 75/1 2, measuring about 200 acres situate at village Fatehnagar Tq.
Firm known as Khan Bahadur Ahmed Alladdin Sons situate at Secunderabad Dn.
He excluded some properties but held that in the remaining ones Zarina had 7/48th share which vested in the Custodian.
34 dated 29th April 1950.
50,000 in favour of Zarina and bequeathed his remaining property, movable and immovable to the appellants.
One was that the numberices were bad and, therefore, the numberifications issued by the Custodian were invalid.
Therefore, according to them, Zarina companyld number be regarded as one of the heirs of the Khan Bahadur and companysequently numbershare in the property of the Khan Bahadur companyld vest in the Custodian of Evacuee Property.
Land measuring about 300 acres, known as Alladdin East situate at Sanatnagar and Erragadda, Hyderabad Dn.
The second was that the will was a valid one while the third was that certain properties, despite what was held by the Custodian General belonged exclusively to the first appellant.
8 buses situate behind Laminated Factory, Hyderabad Dn.
Hyderabad.
Pursuant thereto a numberice dated February 17, 1955 under Section 7 of the Administration of Evacuee Property Act, 1950 was issued by the Senior Assistant Custodian and served on the firm of M s. Khan Bahadur Ahmed Alladin Sons stating that Zarina was an evacuee, and as all properties belonging to her were evacuee properties including her share in the properties mentioned in the said numberice the Custodian would hold an enquiry on March 2, 1955 in the matter.
All properties belonging to Mr. Amir Ali Calcuttawalla son of Mr. Ghulam Mohd.
The appellants before us are the widow and the two sons of this gentleman whom we shall hereafter refer to as Khan Bahadur.
R. Mudholkar, J. This is an appeal by special leave against an order of the Deputy Custodian General, Evacuee Property dated September 12, 1960 holding that one Zarina who migrated to Pakistan in the year 1949 had 7/48th interest in certain specified items of property left by her father Khan Bahadur Ahmed Alladin who died on December 21, 1954.
