BISHAMBHAR NATH KOHLI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) House No. 11, Kaiserbagh at Lucknow, was since 1918 in the occupation of one Chowdhry Akbar Hussain. After the partition of India, Choudhry Akbar Hussain migrated to Pakistan. By order, dated October 12, 1949 the Deputy Custodian of Evacuee Property, Lucknow, in exercise of power "under S. 6 of the U. P. Administration of Evacuee Property Ordinance 1 of 1949 as continued in force by Central Ordinances 12 and 20 of 1949" declared No. 11, Kaiserbagh as "evacuee property". No claim was preferred by any person in pursuance of this notification, and management of the property continued with the Custodian of Evacuee Property (sic) Ordinance 1 of 1949 as continued in force by Central Ordinances and Rehabilitation) Act 44 of 1954, the Central Government by a notification, dated May 27, 1955 acquired the property for the Central pool constituted under that Act. On June 7, 1957 the property was put up for sale by public auction and was purchased by one Ram Chand Kohli

(2.) On September 27, 1961 the State of Uttar Pradesh applied under S. 27 of the Administration of Evacuee Property Act 31 of 1950 invoking the revisional jurisdiction of the Custodian General against the order of the Deputy Custodian notifying the property as evacuee property. The State of Utter Pradesh claimed that the property belonged to the State and Chowdhry Akbar Hussain had no proprietary interest in the property and accordingly the Deputy Custodian had no power to declare it "evacuee property". It was submitted that the State of Uttar Pradesh was not aware of the notification declaring the property to be evacuee property, nor of the subsequent proceedings and of the sale to Ram Chand Kohli. The appellants who are the legal representatives of Ram Chand Kohli contended, inter alia, that the petition was belated, and that in any event the property being of the ownership of Chowdhry Akbar Husain it was lawfully declared evacuee property. The Custodian General upheld the plea of the State of Uttar Pradesh, and set aside the order of the Deputy Custodian. With special leave the heirs and legal representatives of Ram Chand Kohli have appealed to this Court.

(3.) We propose in this appeal only to deal with the plea of the appellants that the Custodian General had no jurisdiction to entertain the petition filed by the State of Uttar Pradesh. If the appellants fail to establish that plea, the case must be remanded to the Custodian General for retrial, because we are of the view that the trial of the petition is vitiated by gross irregularities and breach of the rules of natural justice.