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2024 Supreme(Online)(MAD) 4168

HIGH COURT OF MADRAS
Hon`ble Mr Justice S.M. SUBRAMANIAM
Mohammed Janullah Sheriff – Appellant
Versus
The Custodian of Enemy Prope – Respondent


O R D E R

The Form-4 notice issued by the District Collector, Chennai under Rule

4(3) of the Enemy Property Rules, 2015 dated 25.01.2019 is sought to be quashed in the present writ petition.

2. The learned counsel for the petitioner would submit that the property, namely, House and Ground bearing Door No.12, 12-A at Thiruvengadasamy Street, Perambur Barracks, Chennai – 600 012 corresponding to Re-Survey (RS) No.165/5 and house site bearing No.R.S.No.165/6 measuring about one ground and 2163 Square feet has been sold by way of Certificate of Sale dated 14.07.1955 by the Competent Officer, Evacuee Interest (separation) Act, Madras and Andhra State through a public auction to the elder sister of the petitioner named Mrs.Sarifa Bi W/o S.A.Sattar.

3. Further, he would submit that having purchased the said property by way of Certificate of Sale, the elder sister of the petitioner was in continuous possession and enjoyment of the property and by way of Registered Deed of Settlement bearing Document No.2552 of 1956, the subject property was settled in favour of the elder brother of the petitioner named Mr.M.I.Abdul Wahab Sheriff. Since the elder brother of the petitioner was died and his wife

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