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2007 Supreme(All) 1449

B.S.CHAUHAN, RAJES KUMAR
SAEED AHMAD – Appellant
Versus
CUSTODIAN OF ENEMY PROPERTY OF INDIA – Respondent


Advocates:
Counsel :
M.A. Qadeer for the Petitioners; S.C. for the Respondents.

JUDGMENT

Hon’ble Dr. B.S. Chauhan, J.—This writ petition has been filed for quashing the letters of opposite party Nos. 1 and 2 (contained in Annexures 1 and 3), and for restraining the respondents to dispossess the petitioners from the house in dispute or demand the rent for the same.

2. The facts giving rise to this writ petition are that originally the property in dispute belonged to one Choudhari Mohd. Rafi who executed a registered sale-deed in favour of the petitioners for a consideration of a sum of Rs. 9,000/- on 15.7.1969 and the said sale-deed was registered on 11.7.1970. The notice issued by the Tehsildar was served upon the petitioners to the effect that as the property in dispute belonged to Choudhari Mohd. Rafi who had gone to Pakistan, it was a property of enemy under the Enemy Property Act, 1968 (hereinafter called the Act). Petitioners were directed to show-cause why they be dispossessed from the premises in dispute as the land vested in the custodian of the enemy properties. The petitioners submitted the reply to the said show-cause. However, they received the letter dated 1.6.1971 issued by the custodian that the property had rightly been treated as an enemy proper




















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