EBRAHIM ABOOBAKER Vs. TEK CHAND DOLWANI

JUDGEMENT

(1.) In order to understand and appreciate the point arising for consideration in this case, it will be necessary to set out a few preliminary facts :

(2.) One Aboobaker Abdul Rehman, a resident of Bombay, received on 16-12-1949, from the Additional Custodian, Bombay, a notice under S. 7 of Ordinance No. 27 of 1949 calling upon him to show cause why his interest in certain specific property should not be declared to be evacuee property. A further notice issued on 11-1-1950, required him to show cause why he should not be declared an evacuee and all his properties declared to be evacuee properties. On 8-2-1950, the Additional custodian decided that Aboobaker was not an evacuee, but at the same time issued a fresh notice to him under S. 19, requiring him to show cause why he should not be declared an "intending evacuee" and on the following day, February 9 he declared Aboobaker as an "intending evacuee" upon the same evidence. Aboobaker does not appear to have contested this order, but one Tek Chand Dolwani, first informant, carried the matter in appeal to the Custodian General, praying that Aboobaker be declared an evacuee and that the Imperial Cinema, one of his properties, be allotted to him.

(3.) The Ordinance expired on 18-10-1949, and was replaced by Act 31 of 1950 (The Administration of Evacuee Property Act) which came into operation on 17-4-1950. It is not denied that although the Ordinance was repealed by S. 58, the proceedings taken in the exercise of any powers conferred by the Ordinance shall be deemed to have been taken in the exercise of the powers conferred by the Act as if the Act were in force on the day the proceedings were taken.