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1958 Supreme(P&H) 138

A.N.GROVER
Darshan Lal – Appellant
Versus
R. L. Aggarwal – Respondent


Judgment

A.N.Grover, J.

1. This is a petition under Article 226 of the Constitution in which the orders of the Competent Officer dated 24-10-1956 and of the Appellate Officer dated 26-9-1957, made under the provisions of the Evacuee Interest (Separation) Act, 1951, are impugned.

2. It is alleged in the petition that- certain Muslims who are now evacuees had mortgaged their agricultural land with possession measuring 110 bighas odd with the predecessor-in-interest of the petitioner more than 60 years prior to the enforcement of the aforesaid Act. The petitioner who has been in possession after he succeeded to his predecessor-in-interest received a notice dated 17-4-1954 from the Competent Officer purporting to have been issued under the Act by which he was required to submit his claim in the prescribed form as information had been received that he had an interest in the composite property described in the Schedule and the evacuee interest had to be separated from other interests.

The petitioner filed his claim-petition and appeared before the competent Officer. The point that was raised by him before the aforesaid officer was that the evacuee mortgagors never got the property redeeme























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