256 of 1952.
The Deputy Custodian of Evacuee Property, by his order dated September 3, 1950, rejected the objections raised by the appellants and declared the house to be evacuee property.
Appeal by special leave from the Judgment and Order dated July 3, 1953, of the Punjab High Court in Civil Writ Application No.
XXVII of 1949, stating that the appellants were in unauthorised possession of the house of Fakira, a Muslim evacuee, and that the should either vacate the house or show cause to the companytrary.
In January, 1950, the Custodian of Evacuee Property issued a numberice under s. 7 of the Administration of Evacuee Property Ordinance No.
Thereafter, the appellants filed a writ petition in the High Court challenging the legality of the order of the Deputy Custodian on the grounds that the Deputy Custodian gave numbernotice or opportunity to them to meet the case and that the Custodian had numberjurisdiction in the matter in view of the provisions of the wajibul arz according to which the house of a number proprietor, on his leaving the village, vested in the proprietory body.
The plot in suit is in the estate known as Barsan.
Jwala Parshad Chopra and J. K. Hiranandani, for the appellants.
April 21.
340 of 1958.
The appellants then filed a revision before the Custodian General.
The appel lants went in appeal to the Additional Custodian, Evacuee Property, who got further enquiry made to ascertain whether Mumtaz, son of Fakira, evacuee, had been in occupation of the house up to the date of the migration of the Muslims as a result of the partition.
The Additional Custodian therefore agreed with the report and the order of the Deputy Custodian that the property in suit was evacuee property.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
4 and 5 are, residents of village Baland, Tehsil and District Rohtak, and are members of the body of proprietors of that village.
The Deputy Custodian passed this order after he got an enquiry made through the Revenue Assistant Rehabilitation .
The village Baland is divided between three estates.
1 to 3.
DAYAL, J. This appeal, by special leave, is against the order of the Punjab High Court dismissing the petition of the appellants under Art.
The Judgment of the Court was delivered by RAGHUBAR.
The appellants filed their objections to the numberice.
Nanak Chand, R. H. Dhebar and T. M. Sen, for respondents Nos.
The appellants and respondents Nos.
226 of the Constitution praying for quashing the orders of the Custodian General, dated June 17, 1952.
One Fakira, a mendicant and a number proprietor, had his house on the plot in suit.
