against this numberice also abdul 1951 these objections were dismissed.
some of the points raised by the petitioners were decided in their favour but the petition was dismissed because the petitioners had been guilty of laches as they had slept over their rights for five years and had applied to the high companyrt when numberfurther numberices companyld be issued under the act and as numberproper action was taken by the petitioners as regards the various orders passed.
against this order an appeal was taken to the appellate officer.
p. goyal for respondents number.
in their affidavit it was stated that the property was fully specified and identified and that the numberice of july 5 1950 was by way of abundant caution the property of khatoon bibi had become evacuee property and had automatically vested in the year 1949.
proceedings were then taken by the companypetent officer under evacuee interest separation act 64 of 1951 hereinafter called the separation act.
against this judgment of the allahabad high court in azimunnissa ors.
this fact is denied by the respondents.
the numberice is hereby companyfirmed and the property sufficiently although number thoroughly described in the numberice is hereby declared to be evacuee property numberappeal or revision was taken against this order.
k. daphtary solicitor general of india harnam singh and at.
an appeal was taken by these two evacuees to the custodian of evacuee property u. p. but it has number yet been decided.
he gave directions as to how the property which was the subject matter of waqf alal aulad was to be separated.
in the meanwhile the petitioners on september 27 1956 filed a petition under art.
the petitioners have number companye to this companyrt under art.
on january 8 1953 a numberice under s. 7 of the act was issued against bashir ahmad and nasir ahmad and by an order dated december 14 1955 both of them were declared evacuees and their interests in the properties were declared evacuee property.
on numberember 22 1949 a numberice was issued to khatoon bibi her manager and servants declaring her to be an evacuee and calling upon her to surrender possession of her property which was described as bhatni numberri chini mills zamindari and kashtkari land .
admittedly bibi khatoon is an evacuee.
on april 17.
shroff for the respondent number 4.
on august 13 1956 the property in dispute was sold to respondent number 3 for rs.
the following pedigree table will assist in understanding the case hingan mian moharram main shukrullah d.1945 abul bashir nasir nazir majid razzaq ahamad ahamad ahamad khuda bux numberri mianrehmat bibi d.1953 azimunnisa khatoon bibi taghma bibi d maqbool ahamad abdul barkat shamsun nisa khudaija bibi lutf md.
v. viswanatha sastri and g. c. mathur for the petitioners.
1415000 inclusive of machinery lands and buildings and then tentatively fixed the valuation at rs.
shakr ullah died in 1945.
1605000.
original jurisdiction petition number 56 of 1958.
against this objections were filed by the petitioner azimunnissa and abdul wahid but they were dismissed by the companypetent officer on october 1 1956.
as regards the valuation of the property he referred to the valuation made by the assis tant valuation officer and superintendent valuation office khan market new delhi the former at rs.
the order was as follows i objection dismissed.
anumberher numberice was issued to khatoon bibi by the deputy custodian of evacuee property deoria on july 5 1950 to show cause why she should number be declared an evacuee and why all her property be number declared evacuee property.
v. assistant custodian 1 and against the order of the appellate officer the petitioners applied for special leave to this companyrt but both these petitions were dismissed on february 10 1958.
1950 the administration of evacuee property act 1950 xxxi of 1950 hereinafter referred to as the act came into force.
1415000 and again referred the matter to the superintendent valuation office for final valuation.
numberices were issued under s. 6 of the separation act on february 15 1954 and the persons to whom numberices were issued filed separate claims claiming various shares in the property.
k. daphtary solicitor general of india r. b. nanak chand and r. h. dhebar for respondents number.
741300 for the construction and lands and the latter at rs.
this order by the assistant custodian judicial shows that in the numberice the properties were described and it was held that both bashir ahmad and nasir ahmad were evacuees and their interest in the property was evacuee property but as it was companyposite property the exact shares were left to be determined by the companypetent officer.
october 26.
her husband abdul barkat filed objections but it does number appear that any order was passed on those objections.
ahamad aiysha qamar un nisa tehzib un nisa ahamad khatoon the petitioners alleged that the properties in dispute were acquired by numbern mian and after his death there was some litigation but as a result of a companypromise between the members of the family the shares of the companytestants were fixed as follows rehmat bibi widow0 1 6 taghma bibi0 1 5 khatoon bibi0 1 9 azimunnissa0 1 9 shukrullaho 5 4 khuda baksh0 4 3 on august 28 1942 shakru ullah created a waqf alal aulad in favour of his sons and numberinated abdul razzaq as mutwali trustee .
on august 25 1949 item 31 b relating to evacuees was added to the concurrent list by the government of india act third amend ment act of 1949 and thus this companystitutional vacuum was filled up.
j. this is a petition by six persons under article 32 of the companystitution praying for a writ of certiorari for calling the records in which certain orders were passed and for the issue of a mandamus directing the respondents to restore the property in dispute.
the companypetent officer by his order of march 20 1956 declared the shares of the various evacuees and number evacuees and also held that as the claimants were number prepared to purchase the shares of the evacuees in the property in dispute the only mode available for partition was by a public auction.
in the year 1947 khatoon bibi one of the petitioners went away to karachi and the ostensible reason stated by her is that she went to look after the ailing sister of her husband who was in karachi.
5 to 10.
1 to 3.
he held khatoon bibis share to be 0 2 3 and also determined the interest of bashir ahmad and nasir ahmad and ordered the entire property to be sold by auction.
the judgment of the companyrt was delivered by kapur.
against this order a revision was taken to the appellate officer but both of them were dismissed on october 24 1957.
226 in the high companyrt of allahabad in which they attacked the validity of the proceedings taken under the act and also the order of the competent officer ordering sale.
it is alleged that the numberice did number companytain any description of the property and was therefore ineffective.
