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1980 Supreme(All) 9

K.N.GOYAL, S.C.MATHUR
HUBRAJI – Appellant
Versus
AUTHORISED CHIEF SETTLEMENT COMMISSIONER, UTTAR PRADESH BIHAR – Respondent


Advocates Appeared:
Ramesh Kumar Verma, S.D.MISHRA, T.N.MISRA, T.N.SHUKLA

S. C. MATHUR, J.


( 1 ) THIS petition is directed against an order passed by the Assistant Custodian General Cum authorised Chief Settlement Commissioner, U. P. and Bihar passed in two revisions, one filed under Section 24 of the Displaced Persons (Compensation and Rehabilitation) Act (Act No. 44 of 1954) and the other filed under Section 27 of the Administration of Evacuee Property Act, 1950 (Act No. 31 of 1950 ). The petition has arisen in the circumstances hereinafter indicated. The dispute in the petition relates to certain plots which admittedly originally belonged to khurshed Hasan and Syed Mohd. Mujtaba. These two persons executed sale deeds on 31-10-1947, 12-4-1948 and 15-7-1948 in favour of Beni Ram. father of opposite parties 3 and 4 and Ganga Ram, opposite party No. 2. After execution of these sale deeds the said transferors migrated to Pakistan. On 16-2-1953 the Assistant Custodian issued notice under Section 7 of the administration of Evacuee Property Act (hereinafter referred to as the Evacuee Property Act) to khurshed Hasan and Syed Mohammed Mujtaba requiring them to show cause why they should not be declared evacuees under Clauses (i) and (ii) of Section 2 (d) of the
















































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