RATISH KUMAR AGGARWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The property is a Dal Mill. This property was purchased in 1908 by one Shri Ram and two other persons Mohammad Ahmad and Savaid Hussain (hereafter referred to as 'the Muslim owner's). Shri Ram had 1/2 share in the said property. The Muslim owners had the other half. Shri Ram died leaving behind a son Balram. On Jan. 6, 1925, the property was petitioned between Balram and the Muslim owners. After partition, the Muslim owners, created a Wakf-ul-Aulad in respect of the portion of the property that fell to their share. A deed of Wakf dated 6/3/1925, was executed. It was registered on 7/3/1925. The founder appointed mutawallia in the Wakfnama. Under the deed there are a number of beneficiaries who are entitled to receive income from the Wakf property.

(2.) On the partition of the country in 1947, the mutawallis migrated to Pakistan. They became evacuees. The Wakf property under Sec. 11 of the Administration of Evacuee Property Act, 1950 ('the Act') vested in the Custodian. With the consent of the Deputy Custodian General, U.P., Lucknow ths property was sold to the appellants. A sale deed dated 8/2/1960, was exiecuted by the Custodian in their favour for a total consideration of Rs. 57,004.80 paise.

(3.) After the sale, it was brought to the notice of the authorities under the Act that the property had wrongly been sold. The Deputy Custodian General, by order dated 6/12/1981 set aside the sale. He ordered refund of the purchase price. From his order the appellants, who are the purchasers of the property, brought a writ petition in his Court. The learned single Judge upheld the order of the Deputy Custodian General setting aside the sale. His decision is reported as 0m Prakash v. Union of India, I.L.R.(1971)(1)D. 780. From his order the purchasers have brought this appeal under clause 10 of letters patent.