In accordance with this direction the Deputy Custodian General on August 10, 1957, held that the property of the petitioner was rightly declared to be evacuee property under s. 22 b by the Deputy Custodian.
Appeal by special leave from the judgment and order dated May 10, 1957, of the Rajasthan High Court Jaipur Bench at Jaipur in D. B. Civil Reference No.
456 of 1958.
As regards the order under s. 22 b the learned District Judge agreed with the Deputy Custodian that Dr. Mohammed Saeed had transferred a substantial portion of his assets to Pakistan between November 1947 and September 1948.
The Custodian of Evacuee Property, Rajasthan, moved the Custodian General of Evacuee Property for revision of this order.
Being of opinion however that number only this act of transfer which took place before the 18th day of October, 1949, but other circumstances including the appellants companyduct after October 18, 1949, have to be, taken into companysideration before action under section 22 b can be taken, he found that it was difficult to say that the appellant had been making preparations for his migration to Pakistan.
On appeal the District Judge, Jaipur, set aside this declaration of the appellant as an evacuee under s. 2 d iii of the Ordinance and remanded the case for a fresh decision in the light of the observations made by him.
A petition under Art.
Accordingly, the High Court set aside the decision of the District Judge in respect of Deputy Custodian Generals orders under s. 22 b and directed the Custodian General or the Deputy Custodian General, if authorised to deal with it, to dispose of the proceedings in accordance with the decision of the High Court.
S. Bindra and T. M. Sen, for the respondents.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The appeal has been filed against this decision by special leave granted by this Court.
87 of 1961.
The High Court rejected the companytention raised on behalf of this appellant that the circumstances as to the transfer of a substantial portion of his assets should relate to an act done by any person, after, he was declared as an intending evacuee.
Petition under Art.
April 25.
He also held Dr. Mohammad Saeeds property to be evacuee property under s. 7 of the Ordinance and also under s. 22 b of the Administration of Evacuee Property Act, 1950.
32 of the Constitution of India for enforcement of Fundamental rights.
The Judgment of the Court was delivered by DAS GUPTA, J. On April 1, 1950, the Deputy Custodian, Jaipur, made an order in proceedings instituted under s. 19 of the Administration of Evacuee Property Ordinance declaring the appellant Dr. Mohammad Saeed a medical practitioner of Jaipur to be an intending evacuee.
By the same order a numberice was directed to be issued to the respondent to show cause why he should number be declared to be an evacuee under s. 2 d i and s. 2 d iii of the Ordinance.
Bishan Narain, and Govind Saran Singh, for the appellant petitioner.
WITH PETITION No.
Accordingly he set aside the order made by the Deputy Custodian under s. 22 b .
On November 16, 1951, the Deputy Custodian, Jaipur held Dr. Mohammad Saeed to be an evacuee under s. 2 d iii of the Administration of Evacuee Property Ordinance, 1949.
17 of 1956.
When thereafter the Administration of Evacuee Property Act, 1950 Act XXXI of 1950 , came into force ano ther numberice was issued on the appellant under s. 22 b of the Act to show cause why his property should number be declared evacuee property on the ground that he had transferred a substantial portion of his assets to Pakistan.
After the appeal was heard in part on January 23, 1961, the hearing was adjourned to enable the appellant to make a writ petition.
The Deputy Custodian General of Evacuee Property who heard this petition in revision was unable to agree with the District Judges findings on the question as regards the order under s. 22 b and accordingly made a reference under s. 27 2 of the Administration of Evacuee Property Act, 1950, to the High Court of Rajasthan.
