DALVEER BHANDARI, J.

( 1 ) THE present Letters Patent Appeal has been filed, under Clause 10 of the Letters Patent Act, against the judgment and order dated 30-3-71 passed by S. Rangarajan, J. in writ petition No. 321-D/61, quashing the order of the Assistant Custodian (Judicial) Mr. R. , Avasthi dated l3th January, 1961 and that of the Deputy Custodian General Mr. Y. Taneja, dated 11th April, 1961 and 27 April, 1961.

( 2 ) BRIEF facts which are necessary appreciate the controversy involved in the case are recapitulated as under:-

( 3 ) THE dispute between the parties in the instant case relates to 8 plots Nos. l142, l143, 1152, l156, 1309, 1114, 1332,1344, situated in village Galibpur, District Muzaffarnagar, U. P.

( 4 ) TWO persons, namely, Mohd. Zikriya and Mohd. Khan were the tenants of the plots mentioned above. The tenancy rights of these persons were taken over as Evacuee Property under the U. P. Administration of Evacuee Property Ordinance No. 1 of 1949.

( 5 ) ZAHID Hussain, respondent No. 3 in this appeal held the aforesaid plots of land on sub-lease from the tenants several years before the partition of the country. In the writ petition filed by Zahid Hussain, it is mentio

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