JUDGMENT - R.G. DESHPANDE, J.:---Communication dated 17-1-1983 bearing No. SSC/EVP/Osmanabad 52.54 issued by the respondent No. 2 Settlement Commissioner for Compensation Pool Properties-cum-Custodian of Evacuee Property, MS Bombay, whereby the Collector has been directed to take necessary steps to hand over the vacant possession of the property in question from the petitioner and hand it over to the respondent No. 1, is the subject-matter of challenge in this petition.

2. Relevant facts to be considered for the purposes of the present petition, are narrated as under:---

The petitioner, an agriculturist, is the legal heir of original cultivator Bajirao, who was cultivating Survey Nos. 239 and 353 admeasuring 33 acres and 21 gunthas and 12 acres and 11 gunthas respectively, of village Yermala from Mohammed Matin and Mohammed Ahmedsaheb. Bajirao, according to the petitioner, was cultivating the land as a tenant much prior to the creation of Pakistan in the year 1947. Mohammed Matin, on partition, migrated to Pakistan and naturally the property held by Mohammed Matin, was declared as an evacuee property.

3. Though Mohammad Matin had left India and his property was declared as evacuee

Click Here to Read the rest of this document