V. R. NEWASKAR, J.

( 1 ) THIS is a petition under Articles 226 and 227 of the Constitution of India for the issue of a writ of certiorari against the Asstt. Custodian and Custodian of Evacuee Property, Indore. The circumstances leading to the petition are as follows: 1a. One Mohd. Khan s/o Karim Khan of Neemuch owned agricultural lands in four villages Chouth-Kheda, Raatdia, Jamunia and Kana-Kheda. He also owned a house No. 7 in Kotmohalla Neemuch. Besides this property he also had mortgagee rights with respect to certain lands in the village Khatria and he was in possession of them as a usufructuary mortgagee. Said Mohammad Khan had a son Asgar Hussain. Mohammad Khan by his deed dated 5-8-1935 effected 'hiba' (Gift) of most of his property including lands in the aforesaid villages and the house in Kotmoholla Neemuch in favour of his son Asgar Hussain. The hiba-nama thus made by him was registered the same day. Mobammad Khan provided by means of a deed dated 4-1-1946 that he would give half the income out of the land in which he had mortgagee rights and which was situated in Mouja Raatdia as also land bearing Khata No. 646/ 9 (1) of Mouja Chouthkheda to his second wife Hamidunnisa

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