ASHAN UR-RAB Vs. CEPI

JUDGEMENT

(1.) This petition filed under Article 226 of the Constitution of India seeks to challenge the order dtd. 4/9/2025 passed by the Government of India, Ministry of Home Affairs, under Sec. 18 of the Enemy Property Act, 1968, whereby, the representation made by the petitioners against vesting of the property bearing no. 481 situated at Chatta Haji Mohd. Yusuf, Chitla Gate, Churiwalan, Delhi 110006 (hereinafter referred to as the "subject property") in the Custodian of Enemy Property for India (hereinafter referred to as the "Custodian"), has been rejected.

(2.) Facts of the case in brief, which can be culled out from the proceedings available on record and on the basis of the submissions made by the learned counsel for the petitioners, are as follows:-

(3.) The subject property was initially owned by one Mr. Sheikh Barkatullah, which was purchased by one Mr. Haji Mohd. Muslim through a registered Sale Deed executed on 13/12/1961. The petitioners claimed that they started residing in the subject property as tenants in the first floor since the early 1960s.