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1957 Supreme(All) 115

DESAI, BEG
Azizun Nisa – Appellant
Versus
Custodian – Respondent


Advocates:
J. Swarup, Syed Sadiq Ali and S. Haider Shaukat Ali, for Applicants; S.S. Dhawan (for Nos. 1 and 2) and P.C. Chaturvedi (for No. 3) for Respondents.

Judgement

DESAI, J. :- This is an application for a writ of certiorari, order or direction to quash the declaration dated 7-3-1953 (wrongly mentioned as 17-3-1953 in the application) under section 7 of the Administration of Evacuee Property Act (No. XXXI of 1950) (to be referred to as Act No. XXXI) the order of the Competent Officer, Faizabad (opposite party No. 2) for sale of the property in dispute dated 20-3-1956 and the sale held by the Competent Officer on 13-8-1956 of the property in dispute in favour of Sri Mahabir Prasad Jhunjhunwala (opposite party No. 3). There is the ubiquitous prayer for any other and further relief as the Court may deem fit. The applicants are related to one another as would appear from the following pedigree :

The property in dispute is the Noori Sugar Mills together with the appurtenant buildings and land situated in village Bhatni; it belonged to the family of Moharram Mian and Shukrulla. According to a compromise arrived at between the parties in 1922 Shukrulla got five annas and four pies share and Rahmat Bibi, Khatoon Bibi, Azizun Nisa and Taghma Bibi, about one anna and seven pies share each.

Shukrulla made a waqf alal-aulad in respect of his five

















































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