Pursuant to the said numberices an enquiry was held by the Additional Custodian of Evacuee Property who after recording the statement of the said Aboobaker and examining some other evidence produced by the said Tekchand Dolwani and taking into companysideration the written statement filed by him, adjudicated on the 8th February, 1950, that the said Aboobaker was number an evacuee.
Being aggrieved by the order of the respondent dated the lath May, 1950, the appellants filed a petition in the High Court of the State of Punjab at Simla on the 26th February, 1951, under article 226 of the Constitution, praying for a writ of certiorari for quashing and setting aside that order and for a writ of prohibition or mandamus directing the said respondent to forbear from proceeding with the hearing of the said appeal on the 7th March, 1951, or on any other date or dates.
At the hearing it was urged on behalf of Aboobaker that he having been declared an intending evacuee and he having accepted that order, numberappeal lay therefrom and that the said Tekchand Dolwani was number a person ag grieved by any order passed by the Additional Custodian and therefore had numberlocus standi to appeal under the provisions of section 24 of Ordinance XXVII of 1949.
The hearing of the appeal was companycluded on the lath May, 1951 and it is alleged in the written statement of the respondent that the order was dictated by him on the same day after the companyclusion of the hearing and was also signed by him and it bore that date.
The appeal was heard by the respondent in New Delhi on the 13th May.
He further held that the said Tekchand Dolwani was interest ed in the appeal and had locus standi to prefer it.
By this order the respond ent held that the appeal purporting to be from the order passed by the Additional Custodian on the 9th February, 1950, declaring the said Aboobaker an intending evacuee in effect and in substance was directed against the order made on the 8th February in the proceedings started under section 7 of the Ordinance declining to declare the said Aboobakers property as evacuee property.
Aboobaker suddenly died on the 14th May, 1950, which was a Sunday and the respondent pronounced the order written on the 13th to the companynsel of Aboobaker on the 15th May, 1950.
He, however, issued another numberice to Aboobaker on the same day calling upon him to show cause why he should number be declared an intending evacuee under section 19 of the said Ordinance.
1950, the Ordinance was replaced by Act XXXI of 1950.
Appeal from the judgment and order of the High Court of Judicature for the Punjab at Simla dated 24th May, 1951, in Civil Writ No.
Notices of the adjourned hearing of the appeal were given from time to time to the two appellants.
On the 18th April.
On the 30th July, 1951, during the pendency of the appeal in this Court, the respondent finally pronounced orders on the appeal of Tekchand and held that Aboobaker was an evacuee and his property was declared evacuee property.
On the 30th February, 1951, they were informed that the appeal would be heard on the 7th March, 1951.
15 of 1951.
Having overruled the preliminary objections raised by the appel lants, the hearing of the appeal was adjourned and further inquiry was directed to be made in the matter.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Thereupon, on the 16th Decem ber, 1949, the Additional Custodian issued a numberice to the said Aboobaker under section 7 of the Ordinance and a fur ther numberice on the 11th January, 1950, to show cause why his property should number be declared to be evacuee property.
4 of 1952.
On the 9th February, 1950, he adjudicated him as an intending evacuee.
During the pendency of the said proceedings, the Government of India Ordinance XXVII of 1949 came into force.
On the 31st March, 1950, Tekchand Dolwani being the informant and interested in the adjudication of the said Aboobaker as an evacuee, filed an appeal against the order of the 9th February to the respondent The Custodian General of India praying for an order declaring the said Aboobaker an evacuee and that he being the first informant should be allotted the said cinema.
situateat Bombay.
L. Manekshaw P. N. Bhagwati, with him for the appellant.
Aboobaker Abdul Rahman, the father of the appellants, was ,possessed of companysiderable movable as well as immovable properties including a. cinema theatre, known as the Imperi al Cinema.
C. Setalvad, Attorny General for India G. N. Joshi, with him for the respondent.
The Judgment of the Court was delivered by MAHAJAN J. This is an appeal from the judgment of the High Court of Judicature of the State of Punjab dated the 24th May, 1951, dismissing the petition filed by the appel lants for writs of certiorari, prohibition and mandamus against the respondent.
On information supplied by one Tek Chand Dolwani to the Additional Custodian of Evacuee Property, the Addi tional Custodian started proceedings under the Bombay Evacu ees Administration of Property Act, 1949, against Aboobak er in or about the month of July, 1949.
May 26.
Soon after the partition of India, he went to Pakistan and was in Karachi in the month of September, 1947, where he purchased certain properties in that month.
