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1952 Supreme(Raj) 100

RANAWAT, SHARMA
Raghunandanlal – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
B.B. Sharma, for applicants; C.B. Bhargava, Deputy Govt. Advocate

Ranawat, J.—This is an application under Art. 226 of the Constitution of India by Raghunandan Lal and three others against an order of the Custodian of Evacuee Property, Rajasthan, dated the 2nd December 1950. It is alleged by the petitioners that a shop had been mortgaged in favour of Girdnarilal, the father of the petitioners, by Mohammad Taqi, Kasim Ali, Riazul Hasan, Khurshed Ali and Amjad Ali some time before the year 1941. The mortgagors left India and went Pakistan. Under sec. 4 of the Matsya Evacuee Property Ordinance the equity of redemption which belonged to the Muslim evacuees vested in the custodian of the Evacuee Properties and under sec. 5 (2) of the Rajasthan Administration of Evacuee Property Ordinance, 1949 any evacuee property which had vested in any person exercising the powers of a Custodian under the Matsya Ordinance which had been repealed by the Rajasthan Ordinance is to be deemed to have vested in the Custodian appointed under the Rajasthan Ordinance. The equity of redemption therefore vested in the Custodian of Evacuee Property, Rajasthan, when the Rajasthan Ordinance came into force. Thereafter, the Rajasthan Ordinance was repealed by the Administration of












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