FARID AHMED Vs. CHIEF SETTLEMENT COMMISSIONER

JUDGEMENT

(1.) The present writ petition seeks restoration of the certain properties (the details of which are given hereinafter) and payment of rents/damage/license fee earned therefrom qua the said properties, which were acquired way back in the early part of 1950, under the provisions of Administration of Evacuee Property Ordinance No. 27 of 1949 (hereinafter referred to as 1949 Ordinance), on the ground that the said properties were evacuee properties.

(2.) Munshi Inayat Ahmed, in order to secure correction of the mistake, which resulted in the acquisition of his properties, moved an application under clause 16 of the 1949 Ordinance. The application was, however, rejected on the ground that the said properties were not owned by Munshi Inayat Ahmed. In the meanwhile, the 1949 Ordinance was codified into an Act of Parliament, which was called the Administration of Evacuees Act, 1950 (hereinafter referred to as the said Act). Clause 16 of the 1949 Ordinance was para materia with Section 16 of the said Act. The proviso to Section 16 (2)(b) of the Act, provided for a remedy to file a title suit where, an application for restoration of evacuee properties was rejected on the ground that they were not owned by the applicant.

(3.) The Union of India (UOI), filed an appeal against the said judgment and decree, on 29.7.1975. Pending the appeal, on 17.4.1977 Munshi Inayat Ahmed passed away. This resulted in the dismissal of the appeal of the UOI, on 25.1.1979, for failure to bring on record the legal representatives of Munshi Inayat Ahmed within the period of limitation.