Shaukat Hussain and P. C. Aggarwala, for the petitioners S. Bindra, R. H. Dhebar and T. M. Sen, for the respondents.
No numberice under s. 7 had at any time been issued to them number were they ever declared to be evacuees.
April 4.
They say that for a, long time they had numberknowledge of the proceedings taken under the Act in respect of the houses and when they came to know of the order of the Custodian, they took various steps to protect their rights but were unsuccessful.
The Judgment of the Court was delivered by SARKAR, J. This is a petition raising a question of violation of the fundamental right to hold property guaranteed by Art.
One of such steps appears to have been an appeal preferred by the male petitioner on behalf of all the petitioners to the Custodian General against the order of January 10, 1952.
These facts are number in dispute.
19 1 f of the Constitution.
Nusrat Ali and Fateh Ali were two of the sons of Khadim Ali.
32 of the Constitution of India for enforcement of Fundamental Rights.
ORIGINAL JURISDICTION Writ Petition No.
What had happened was that sometime in September, 1951, two numberices were issued under s. 7 of the Act addressed respectively to Nusrat Ali and Fateh Ali, requiring them to show cause why they should number be declared evacuees and their properties, being the two houses in dispute, to be evacuee property.
Upon such declaration the houses vested in the Custodian under the provision of s. 8 of the Act and he took possession of them.
The Petitioners are his other son and two of his daughters.
It arises out of an order made under the Administration of Evacuee Property Act, 1950, declaring two houses to be evacuee property.
The Petitioners companytend that they have been wrongly deprived of their rights in the houses by the action of the Custodian.
Neither of these two persons having appeared, a declaration was made by the Custodian on January 10, 1952, under that section that Nusrat Ali and Fateh Ali were evacuees and the houses were evacuee property.
These houses were the property of one Khadim Ali who had never been declared an evacuee and had died on or about October 1, 1950, leaving three sons and five daughters, who thereupon became entitled to them in certain shares.
Petition under Art.
On this appeal being rejected, they moved this Court by the present petition.
