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1951 Supreme(Mad) 66

P.V.RAJAMANNAR, PANCHAPAKESA AYYAR
M. B. Namazi – Appellant
Versus
The Deputy Custodian of Evacuee Property, Madras – Respondent


Advocates:
S. Govind Swaminathan for Messrs. S. Venkatakrishnan and A.C. Muthanna for Petitioner.
The Advocate-General (K. Kuttikrishna Menon) on behalf of Respondents.

The Chief Justice.-This is an application by one M.B. Namazi under Article 226(1) of the Constitution to issue a writ of certiorari to call for the records of the proceedings on the file of the Assistant Custodian of Evacuee Property, Madras, in A.C.Nos.224 and 224-A of 1949 and to quash the orders passed on the two matters respectively on the same day, 10th April, 1950. The Order in A.C.No.224-A of 1949 declared one M.B. Namazi an evacuee under section 2(d)(i) of the Administration of Evacuee Property Ordinance (XXVII of 1949) and his one-fourth share in Messrs. Gani & Sons as evacuee property under section 2(f) of the same Ordinance. By the order in A.C.No.224 of 1949, three persons, namely, Gani Namazi, M.B. Namazi the applicant herein and M.I. Namazi were declared to be intending evacuees under section 19 of the same Ordinance.

The undisputed facts are as follows: There was a firm known as Gani & Sons doing business for several years in the City of Madras. From 1943 the firm consisted of four partners, M.A. Gani, (the father) and his three sons, M.I. Namazi, ME. Namazi and M.B. Namazi. From 1946 the share of each partner was fixed at one-fourth. In September, 1948, one of the pa
















































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