Judgement

ALAGIRISWAMI, J :- Mrs. Zohra Naqvi the wife of Police official of the then United Provinces (Now Uttar Pradesh) was in Teheran in the year 1947 along with her husband. She purchased a property from the Improvement Trust Lucknow for a sum of Rs. 6,400/-. It appears that Mrs. Naqvi did not come to India at all till 1962 when she sold this property to the sons of respondent No. 1 and one Mrs. Jain. On 24-6-1949 the United Provinces Adminsistration of Evacuee Property Ordinance, 1949 came into force.

2. This would be a proper stage at which the relevant provisions of the Ordinance should be noticed. Under that Ordinance evacuee property" means any property in which an evacuee has any right or interest or which is held by him under any deed of trust or other instrument and an "unauthorised person", means any person (whether empowered in his behalf by the evacuee or otherwise) who after the 15th day of August 1947 has been occupying supervising or managing the property of an evacuee without the approval of the Custodian. Under Section 5 of that Ordinance all evacuee property situate in the United Province shall vest in the custodian.

3. We may now continue the narration of events