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1951 Supreme(Bom) 44

TENDOLKAR
Allaudin Allabux – Appellant
Versus
M. B. Meher – Respondent


Advocates:
N.A. Palkhiwalla, for Petitioners; M.M. Javeri, for Respondents.

Judgement

Order :- This is a petition for a writ of certiorari or other writ, direction or order under Art. 226 of the Constitution of India against the Additional Custodian of Evacuee Property, who is respondent 1, and the Deputy Custodian of Evacuee Property, who is respondent 2, to quash and set aside certain orders made by them. The matter arises in this way. The petitioners and one Mahomed Shafi were partners and carried on business in the name and style of "Cafe Grant Bakery" at 36, Station Road, Bandra. The partners claim to have been beneficially interested in the tenancy rights of a portion of the premises at 36, Station Road, Bandra, which the partnership occupied, although the rent bill in respect thereof was made out in the name of Mahomed Shafi. By an order made on 12-9-1950, the Deputy Custodian of Evacuee Property declared the said Mahomed Shafi to be an evacuee, and his right, title and interest in the said partnership, viz , his 1/4th share, to be evacuee property. A notification, dated 20-9-1950, was issued under S. 7 (a), Administration of Evacuee Property Act, 1980, notifying the said 1/4th share of Mahomed Shafi in the said partnership as evacuee property. The s









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