OM PARKASH Vs. UNION OF INDIA

JUDGEMENT

(1.) By this petition under Art. 226 of the Constitution, the petitioners have prayed that the orders dated August 9, 1961 and December 6, 1961, passed by the Deputy CusKtodian General, Ministry of Rehabilitation, New Delhi, setting aside the sale by the Custodian of the property referred to in the petition be quashed. The respondents originally impleaded in the petition were Union of India, Shri Y. L. Taneja, Deputy Custodian General and the Assistant Custodian General as respondents 1, 2 and 3 respectively. M/s. Mahabir Dall Mill of Aligarh, Udey Singh Jain Girls Inter College. Aligarh, Zahida Begam and Tufail Ahmad were also subsequently impleaded inhe petition.

(2.) The dispute related to a property situated in Aligarh. Sometimes in April, 1908 it was purchased by one Shri Ram and two other persons, Mohammad Ahmad and Sayaid Hussain (hereafter referred as "the Muslim owners). Shri Ram had one-half share and the other half belonged jointly to Mohammad Ahmad and Sayaid Hussain. Shri Ram died leaving a son Balram. On January 6, 1925, the property was partitioned between Balram and the Muslim owners. After the partition, the Muslim owners constituted a Wakf-ul-Aulad in respect of the portion of the property that fell to their share by a deed of Wakf dated. May 6, 1925 registered on May 7, 1925. The Wakf property has been referred to in the petition and in the various orders of the Department as 'Jamaji-ka-pech' and this property alone is the subject matter of this petition. The share of Balram was later purchased by the petitioners but nothing turns on that in this petition.

(3.) The deed of Wakf appointed 'mutawallis' and also named the beneficiaries entitled to receive shares from the income of the Wakf property. After the partition of the country, thei 'mutawallis' appointed under the deed as well as most of the beneficiaries named therein migrated to Pakistan. The Wakf property, therefore, vested in the Custodian under provisions of Sec. II of the Administration of Evacuee Property Act, 1950 (hereafter called "the Act"). After obtaining the sanction of Shri H. C. Asthana, Deputy Custodian General, U.P. Lucknow. acting as Custodian General in pursuance of the powers delegated to him, by deed of sale dated February 8, 1960, the Wakf property was sold by the Custodian, U.P. in favour of the petitioners for Rs. 57004.80. By the impugned orders, the Deputy Custodian General has set-aside this sale. The petitioners have, therefore, come up with this petition with the above prayers.