LAWS(DLH)-2005-2-3

MAHMOODAN BEGUM Vs. FAIZUL HASAN

Decided On February 03, 2005
MAHMOODAN BEGUM Appellant
V/S
FAIZUL HASAN Respondents

JUDGEMENT

(1.) The appellant aggrieved by the impugned judgment of learned Single Judge of this Court (as she then was) dated 12.03.1986 sustaining the claim of respondent No. 1 had filed the present appeal.

(2.) In order to appreciate the controversy, the relevant facts are being set out hereinafter.

(3.) The Assistant Custodian of Evacuee Property, Bulandshahar held a number of plots in Village Sabdalpur. Tehsil Bulandshahar as composite property within the meaning of Administration of Evacuee Property Act, 1950. Shri Alimuddin, one of the co-sharers, was alone found to be an evacuee, while the share of the others including Shri Hakimuddin was held to be non-evacuee. In terms of the Order dated 17.02.1956, the share of Shri Alimuddin was held to be l/4th share in these plots and the Custodian filed an application under Section 6 of the Evacuee Interest (Separation) Act, 1957 for separation of the evacuee property of Shri Alimuddin in the composite property. This evacuee property was subsequently transferred to Shri Hakimuddin for a consideration of Rs: 1,525 on 25.01.1957 and the Sale Deed was also executed in favour of Shri Hakimuddin. Various property numbers were consolidated in one Khasra No. 40 measuring 11 Bighas 2 Biswas and 18 Biswansies. Shri Hakimuddin passed away in the year 1962 leaving behind his widow Smt. Khatun Bi, who inherited the property as the sole legal heir. Smt. Khatun Bi sold a part of the land measuring 7 Bighas 8 Biswas and 13 Biswansies on 07.05.1963 to Mahmoodan Begum and one Shabbruddin in the ratio of l/4th and 3/4th respectively through registered Sale Deeds. It may be noticed that the appellants are successors to the interest of Mahmoodan Begum.