UNION OF INDIA Vs. SETH SAT NARAIN

JUDGEMENT

(1.) This is a letters patent appeal from the order of a learned single judge dated 11th August, 1972.

(2.) The real question in this appeal is whether 1/12th share of Mst. Badri Jan, a muslim woman, in land was an evacuee property and had been validly declared as such by the authorities under the Administration of Evacuee Property Act, 1950, as it was subsequently amended by Act 32 of 1954 (the Act).

(3.) These are the facts. One Dina Nath purchased a garden in village Jhamunma and Sadora Khurd on April 10,1896. He paid Rs.3500.00 as consideration. The vendors were two muslims-Mohd. Zaman Khan and Akram Khan. It was recited in the sale deed that by virtue of a judgment of the district court they, the vendors, had been declared as owners of the property which they were conveying to Dina Nath. From the recitals it appears that some parties had preferred an appeal from the order of the district judge dated 11th December, 1895 which had obviously gone infavour of the vendors. The sale deed further recites that till the appeal is decided I/I 4th of the consideration payable for the share of Elahi Begum will remain in the hands of the purchaser. The vendors convenanted in the sale deed that they will take steps to have the name of Mst. Badri Jan deleted from the revenue records. Badri Jan was an attesting witness to the sale deed. She was perhaps the wife of Mohd. Zaman Khan, one of the executants of the deed, though she is described as the daughter of Sakina Begum.