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1953 Supreme(All) 113

BEG, MUKERJI
DULARI – Appellant
Versus
ADDL. CUSTODIAN, EVACUEE PROPERTY – Respondent


Advocates Appeared:
KANHAIYA LAL MISHRA, Ram, Ram Bharose Lal

MUKERJI, J.

( 1 ) THIS is an application tinder Article 226 of the Constitution by Shrimati Dulari praying that this Court may issue a writ of prohibition or in the alternative appropriate directions, or orders under Article 226 of the Constitution of India prohibiting opposite party 1, i. e. , the Additional custodian Evacuee Property, Lucknow from reviewing his judgment dated 30-1-1951, passed in Appeal No. 276 of 1950. There is a further prayer that opposite party 2, namely, the Custodian evacuee Property at Lucknow be prohibited from issuing any notification under Section 7 of Act 31 of 1050 in respect of a certain house, details of which are given in the petibion, and treating it as "evacuee Property".

( 2 ) THE facts, briefly stated, which gave rise to this petition, were that op1 n 16-10-1947, the appli-qant purchased the property in dispute, which is situate at Ghaziabad, from one Shubratan, who made a sale of the property to the applicant for a sum of Rs. 2,500/- on her behalf and on behalf of her minor children and on behalf of another Naboo wife of one Allah Diya. The vendors left India for Pakistan as "evacuees" on 16-10-1949, and consequently the property in dispute as









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