Appeal bY special leave from the judGment and order dated April 7, 1964 of the Rajasthan High Court in D.B. Writ Petition No.
The numberice however was ineffective and number good as Hazari and Magha had died long before.
The Judgment of the Court was delivered by Raghubar Dayal, J. Ibrahim and Khurshed, brothers, sons of Paneh Ali, Isak and Baggu, sons of Jawaye, owned Khasra No.
R. Prem and B. R. G. K. Achar, for respondent No.
The numberice companyld number be served on Hazari and Magha as they had died long berore the issue of numberice in 1955.
244 of 1965.
The numberice was affixed at a companyspicuous place in village Alipore.
It is against this order that Bhanwar Lal and Rati Ram have filed this appeal by special leave.
26, measuring 20 bighas, at village Alipore, Tehsil Hanumangarh.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The Assistant Custodian of Evacuee Property, Hanumangarh, issued numberice under s. 7 1 of the Administration of Evacuee Proper Act.
They migrated to Pakistan.
They were all required to show cause why the land be number declared evacuee property.
They alleged that one Paneh Mohamad, father of Ibrahim and Khurshed, had mortgaged this property to Hazari and Magha in 1931, that the mortgagees had been in possession of the property, that they did number get any numberice of the proceedings taken by the Assistant Custodian and were informed of his order in 1959 by their tenants in the land in suit when the allottees of the land were taking steps to recover possession.
No objections were filed and on April 7, 1955 the Assistant Custodian declared Ibrahim, Khurshed, Isak and Baggu evacuee and the aforesaid property evacuee property.
Bhanwar Larson of Hazari and Rati Ram, grandson of Magha, filed a petition under Art.
226 of the Constitution in the Rajasthan High Court for the quashing of the order dated April 7, 1955 and for restraining the Regional Settlement Commissioner, Jaipur, the Managing Officer of acquired Evacuee Property, Ganganagar, the Tehsildar, Hanumangarh, from interfering with their possession over the property declared to be evacuee property.
1950 Act XXXI of 1950 hereinafter called the Act, to these persons and also to Hazari, son of Chuni and Magha, son of Kana, stating therein that Ibrahim and others had gone to Pakistan and that Hazari and Magha were in Illegal possession of the land.
192 of 1960.
R. L. Iyengar, S. K. Mehta and K. L. Mehta, for the appellants.
