Appellant Abu Khan also pointed out that he had already deposited the assessed price of the evacuee interest in both the houses and thereby has become the full owner of the house in possession of Maljimal.
6 Maljimal had occupied the property and therefore, the State Competent Officer directed that house No.
6 Maljimal preferred an appeal before the Custodian General questioning the companyrectness of the decision in the fresh enquiry by Assistant Custodian holding that Abu Khan was number an evacuee.
Hence this appeal by special leave.
After the decision was recorded in favour of Abu Khan that he was number an evacuee, he approached the companypetent authority for separation of the number evacuee interest in the aforementioned two houses stating therein that only the share of Gafoor Khan and Hanif Khan has been declared to be evacuee property.
He accordingly requested the Government of India number to accept the application of respondent No.
6 Maljimal moved an application before the Government of India under Section 20 B. To this application neither Abu Khan number other number evacuees having an interest in the property involved in the dispute were impleaded as parties.
On Hanif Khan and Gafoor Khan being declared evacuees, their undivided 2/5th share in the aforementioned two houses was declared evacuee property.
The State Competent Officer informed Abu Khan and his companyclaimants on April 28, 1964 about the order made by the Government of India under Section 20 B. Abu Khan and his companyclaimants thereupon filed a writ petition in the Rajasthan High Court under Article 226 of the Constitution.
They were Imam Khan, Sodey Khan, Rah mat Khan, Hanif Khan, Gafoor Khan and Hazran and Mima respectively.
11/5/168 should be given to refugee allottee who is residing therein and the other house may be given to Abu Khan and other number evacuee claimants provided they were prepared to purchase the evacuee interest therein.
Series of proceedings successively taken by Abu Khan culminated in order dated April 16, 1959 by the Custodian General of Evacuee Property remanding the matter for a fresh enquiry.
Sumerkhan had died leaving two houses bearing Nos.
Out of these five sons, Hanif Khan and Gafoor Khan were declared as evacuees.
He was also suspected to have migrated to Pakistan and therefore, he was declared an evacuee.
This appeal was dismissed companyfirming that Abu Khan was number an evacuee.
One Sumerkhan had five sons and two daughters.
Abu Khan preferred an appeal against this order to the Appellate Officer.
6, he filed an application before the Secretary, Government of India, Ministry of Rehabilitation pointing out therein that respondent 6 Maljimal cannot companyplain of any hardship because as far back in 1955 when Abu Khan was declared to be a number evacuee, Maljimal was asked to vacate the house but he has been successfully avoiding the same.
11/5/168 and 11/5/180 situated in Jodhpur in the State of Rajasthan.
6 Maljimal holding that he should be allowed to retain the house in question.
In the fresh enquiry Abu Khan was held number to be an evacuee.
By that time, respondent No.
When Abu Khan came to know about the application made by respondent No.
