He also referred to the fact that she had sent the money from Teheran in 1947 and the possession of the property had been taken by her son who came to India in 1948 for that purpose specifically whereas Mrs. Naqvi companytinued to reside in Pakistan till she came to India in 1962 for selling the plot and that she was a Pakistani national, In the revision peti tion filed before the Assistant Custodian General by the 1st respondent also it is admitted that Mrs. Naqvi migrated to Pakistan from Teheran as was held by the Assistant Custodian.
On 7 3 1964 a numberification was issued acquiring the disputed plot under section 12 of the Displaced Persons Compensation Rehabilitation Act, 1954.
Appeal from the Judgment and Order dated the 15th April, 1968 of the Allahabad High Court Lucknow Bench in Special Appeal No.
This appeal has been filed on the basis of a certificate granted by the High Court.
The 1st respondent filed a revision petition to the Assistant Custodian General who directed that the property should be handed over to the 1st respondent but that the sum of Rs.
1 and one Mrs. Jain.
258 of 1966.
The Assistant Custodian General had also taken a similar view when the revision petition was filed by 1st respondent before him.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
L. Sanghi and S. P. Nayar, for the appellants.
P. Lal, for respondent No.
170 of 1969.
It appears that Mrs. Naqvi did number companye to India at all till 1962 when she sold this property to the sons of respondent No.
6,400/ .
She purchased a property from the Improvement Trust, Lucknow for a sum of Rs.
The order passed by the 1st appellant also pro ceeded on the basis that Mrs. Naqvi had migrated to Pakistan from Persia in 1948 and was still living there.
The Judgment of the Court was delivered by ALAGIRISWAMI, J. Mrs. Zohra Naqvi, the wife of a Police official of the then United Provinces number Uttar Pradesh was in Teheran in the year 1947 alongwith her husband.
42,000/ being the sale price of the property, which had been deposited with the Allahabad Bank, Lucknow companyld be taken by the Custodian.
The 1st respondents application to the 1st appellant to issue a sale certificate in his favour number having produced my result he filed a writ petition out of which this appeal arises.
On 24 6 1949 the, United Provinces Administration of Evacuee Property Ordinance, 1949 came into force.
