INAYAT ULLAH Vs. CUSTODIAN EVACUEE PROPERTY

JUDGEMENT

(1.) This is an appeal by special leave against the order of the Madhya Bharat High Court dated July 9, 1955, rejecting an application filed by the appellant under Art. 226 of the Constitution.

(2.) According to the appellants, his father Habibullah died more than twenty years ago leaving behind the appellant and his brother Bashirullah as his sole heirs. Habibullah, on his death, left immovable properties in the city of Indore. Bashirullah, who was unmarried, went mad in 1942 and died in 1950 without any issue. On his death, the appellant became the sole owner of all the properties left by his father Habibullah. On September 21, 1954, the respondent purported to serve on the appellant a notice under S. 7 of the Administration of Evacuee Property Act, 1950 (Central Act No. 31 of 1950), hereinafter referred to as the Act. This notice was not served on him and was never pasted on the property concerned. Service of the notice was, according to the appellant, not proper and therefore illegal.

(3.) The appellant desiring to know on what material the notice under S. 7 of the Act was issued against him applied on October 1, 1954, for copies of the record and the evidence in the possession of the respondent on the basis of which he formed the opinion that Bashirullah, at his death, had left behind a son Iqbal and a wife Kamrunnissa who had migrated to Pakistan in consequence of which the estate inherited by them from Bashirullah become evacuee property. The application was rejected by the respondent.