MAJOR CHANDRA BHAN SINGH Vs. LATAFAT ULLAH KHAN

JUDGEMENT

(1.) This appeal by special arises from a judgment of the Allahabad High Court dated February 26, 1964. It will be enough to state the admitted facts for they are quite sufficient for its disposal.

(2.) Mohammad Salamat Ullah Khan, Mohammad Sharafat Ullah Khan and Mohammad Latafar Ullah Khan were three brothers owing one-third share each in their joint property. Mohammad Salamat Ullah Khan died, and his sons Karamat Ullah Khan, Dilawar Ullah Khan, Muzaffar Ullah and Tahir Khan migrated to Pakistan in 1948. The remaining two brothers of Mohammad Salamat Ullah Khan, namely, Mohammad Sharafat Ullah Khan and Mohammad Latafat Ullah Khan, stayed in India and had a two-third share in that property. Major Chandra Bhan Singh was a refugee from Pakistan, and a temporary allotment of the one-third evacuee share in the property was made in his favour on April 4, 1955. As the property was listed as composite property, notices were issued in April 1955, under Section 6 of the Evacuee Interest (Separation) Act, 1951, hereinafter referred to as the Act. They were "individual" notices and the Competent Officer has stated that they were served on Latafat Ullah Khan and Sharafat Ullah Khan and their acknowledgments were placed on the record. No claim was however filed by anyone, and an order was made by the Competent Officer on August 31, 1955, under Section 11 of the Act, vesting the property in the Custodian. It may be mentioned that Mohammad Sharafat Ullah Khan had died earlier, leaving behind his four sons Shaukat Ullah Khan, Habib Ullah Khan, Nasar Ullah Khan and Aman Ullah Khan.

(3.) It so happened that the property was again reported to be composite property. The earlier order dated August 31, 1955, was lost sight of, and fresh notices were issued to the co-sharers under Section 6 of the Act. They were served personally on Mohammad Latafat Ullah Khan, and on Mohammad Sharafat Ullah Khan through his son Shaukat Ullah Khan, on February 25, 1956. But again no claim was filed under Section 7 of the Act by anyone, claiming any interest in the composite property. An order was therefor again made on March 23, 1957, under Section 11 of the Act vesting the property in the Custodian.