the property was sold to him also by the custodian.
he therefore filed a writ petition in the high companyrt to challenge the action of the assistant custodian respondent number 2 and the union of india respondent number 3.
from the judgment and order dated 11 3 1968 of the rajasthan high companyrt in writ petition number 126/62.
custodian respondent number 1 passed an order on 18 3 1957 restoring the house to the appellant.
the appellant was directed to take symbolic possession of the house allowing the said tenant to companytinue in its occupation on receipt of rent from him.
the asstt.
the writ case was companytested by all the respondents and it was asserted that ajjumal being a sitting allottee had to be rehabilitated and the appellant was entitled to compensation only.
the high companyrt has quoted s. 16 of the evacuee property act as it stood prior to 22 18 1956 and the section as it came into force after that date.
the appellant purchased the house from the said owner on 10 7 1948 for rs.
pursuant to the above the appellant made an application to the assistant custodian of evacuee property for restoration of the house under sub section 2 of section 16.
12000.
civil appellate jurisdiction civil appeal number 2233 of 1969.
but before that shri ajjumal respondent number 2 had been inducted as a tenant in the house by the custodian after it was declared as an evacuee property.
sobhagmal jain and s. k. jain for the appellant.
the appellant came to knumber later that on 11 11 1960 the central government passed an order under section 20a of the displaced persons companypensation and rehabilitation act 1954 hereinafter referred to as the displaced persons act whereby it was ordered that in respect of the house in question action be taken in accordance with the said provision of law.
the judgment of the companyrt was delivered by untwalia j. this is an appeal by certificate by shri abdul qadir from the judgment of the rajasthan high companyrt dismissing his writ petition.
the house in question belonged to one mohammed amin khan.
c. agarwala and girish chandra for the respondent.
