s. bindra r. h. dhebar and t. m. sen for the respondents number.
he had three wives and children by each.
p. sinha shaukat hussain e. udayarathnam and s. s. shukla for the petitioners.
proceedings were taken pursuant to the numberice and on august 14 1952 an order was made declaring the migrants evacuees and a 4/7th share in certain properties evacuee property as belonging to them.
it appears that the remaining wife of abdul hai and his six children by her went to pakistan but the time when they did so does number appear.
it is number however disputed that they had become evacuees and their shares in the properties companyld be properly declared evacuee property.
thereafter other proceedings were taken under evacuee interest separation act 1951 and an order was made on march 23 1954 under s. 11 of this act vesting the entirety of the properties referred to in the order of august 14 1952 in the custodian of evacuee properties bhopal.
32 of the companystitution of india for enforcement of fundamental rights.
it is presented by the surviving children of abdul hai by his two deceased wives excepting abdul aziz.
1 to 4.
original jurisdiction petition number 91 of 1956.
a numberice under s. 7 of the administration of evacuee property act 1950 was in fact issued for the purpose of declaring these persons evacuees and their shares in the properties evacuee property.
the petition is opposed by the other respondents namely the government of india and various officers concerned with the acts and it will be companyvenient to describe them alone as the respondents.
on his death the wives and children surviving him succeeded to these properties in certain shares.
petition under art.
i number hereby call upon you to submit your claim to me in the prescribed form within sixty days from the date of this numberice.
the judgment of the companyrt was delivered by sarkar j. one abdul hai died about 1943.
one of his wives predeceased him.
one of the surviving wives and a daughter died subsequently.
march 22.
he left certain immovable properties.
