KHAIR UN NISA Vs. CUSTODIAN OF EVACUEE PROPERTY

JUDGEMENT

(1.) The petitioner and one Mst. Kulsum Bi were the owners in equal shares of a property bearing Municipal No.15/6747 to l5/6761 (old) situate in PabarGanj,New Delhi. Mst. Kulsum Bi migarted to Pakistan and her half share of the property was declared to be evacuee property and vested in the Custodian of Evacuee Property. However, the Custodian collected the rent from the tenants of the entire property. The petitioner herein was residing at Calcutta and even when Mst. Kulsum Bi was in India, it was Mst. Kulsum Bi who was looking after the property on behalf of the petitioner also.

(2.) In view of the fact that the Custodian of Evacuee Property took charge of the entire property and was collecting the rents therefrom, the petitioner herein instituted a suit against the Custodian of Evacuee Property for rendition of accounts and for recovery of her share of rent. Paragraph 12 of the plaint was in the following terms :

(3.) Section 2(b) of Evacuee Interest (Separation) Act, 1951 (hereinafter referred to as the Act), defines the word "claim" as follows :_