When the appeal came up for hearing before this Court on February 22, 1968 it was.
His finding on the first question was that Aziz Ahmed Khan had migrated to Pakistan on some date after November 22, 1949.
27 of 1949 , or under s. 40 of the Administration of Evacuee Property Act 1950 Act 31 of 1950 .
The Additional Custodian, however, took suo motu action in exercise of his revisional jurisdiction and set aside the order passed by the Deputy Custodian.
The sale companysideration of Rs.
1 the date on which Aziz Ahmed Khan migrated to Pakistan.
Appeal by special leave from the judgment and decree dated May 2, 1961 of the Allahabad High Court in Execution First Appeal No.10 of 1954.
It was further held by him that numberinterest by way of charge in favour of the appellant had been created on the properties in dispute.
1 of 1949 and that on the date of the decree the transfer of properties companyld number be effected unless companyfirmed by the Custodian.
On April 4,.
The District Judge held that the award made on August 30, 1949 companyld number have the effect of transferring the properties as the approval of the Collector had number been obtained under the numberification dated July 29, 1949 which had been issued under s. 26 of U.P. Administration of Evacuee Property Ordinance No.
1,45,000/ was stated have been already paid by the appellant to the vendor.
1952 the appellant filed an application for execution of the decree passed on the basis of the award.
The appellant filed an appeal to the High Court which was dismissed.
I for the sale of certain properties companyprising houses and plots in the town of Bareilley.
On 9th May 1951 the Deputy Custodian accorded companyfirmation.
The Execution application was companysequently dismissed.
On May 10, 1952 objections were filed on behalf of the Custodian to the execution.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
2 whether the properties of Aziz Ahmed Khan vested in the Custodian of Evacuee Property under U.P. Ordinance 1 of 1949 or Central Ordinance 12 of 1949 as made applicable to the State of U.P. by U.P. Ordinance 20 of 1949 or under the Central Ordinance 27 of 1949 or under Central Act of 1950.
Certain additional evidence was produced before the High Court.
Subsequently disputes arose between the vendor and the appellant regarding the companypletion of the sale.
These disputes were refered to the arbitration of Shri R.R. Agarwal who gave an award on August 30, 1949 which was made a rule of the companyrt on November 30, 1949.
He was further of the view that s. 17 1 of the Central Act of 1950 created a bar to execution of the decree.
The Judgment of the Court was delivered by Grover, J. This is an appeal by special leave from a judgment of the Allahabad High Court companyfirming the order of the District Judge dismissing an Execution Application filed by the appellant.
Naunit Lal, for the appellant.
A. Seyid Muhammad and S.P. Nayar, for the respondents.
A decree on the basis of the award was granted in favour of the appellant.
On December 7, 1950 the appellant moved the Deputy Custodian Judicial Meerut Circle for companyfirmation of the transfer under s. 38 of the Administration of Evacuee Property Ordinance, 1949, Ordinance No.
Sometimes after November 22, 1949 the vendor Aziz Ahmed Khan left India for Pakistan.
On June 16, 1948 the appellant entered into an agreement with Aziz Ahmed Khan respondent No.
companysidered expedient to have further findings on certain points.
381 of 1965.
The following questions were therefore framed and remitted to the High Court for that purpose.
The High Court remitted these matters to the District Judge.
