SYED MIRZA Vs. UNION OF INDIA

JUDGEMENT

(1.) SEVEN residents of House No. 1/378 (old) 661 (new) Gali Nalbandan, kashmere Gate ('the Gali Nalbandan property'), delhi filed this petition on 8th February 1990 seeking inter alia a declaration that the Gali Nalbandan property is not an evacuee property under the Administration of Evacuee Property Act, 1950 ('aep Act 1950') and for quashing a demand raised by the Delhi Administration by a Memorandum dated 17th January 1990 calling the petitioners to pay the arrears of rent up to June 1989 in respect of the Gali nalbandan property failing which the tenancy of the property would be cancelled and its possession resumed.

(2.) THERE are two other prayers in this writ petition. One pertains to another property at no. 1/242 (old)/423 (new) Gali Rajan, Kashmere Gate ('gali Rajan property ). The prayer is that this Court should hold that the Gali Rajan property is not an evacuee property and that the order dated 25th September 1959 of the civil court is binding on the authorities. The other is that the orders dated 4th August, 1982 and 20th February 1989, of the Custodian General and the order dated 4th February 1988 of the Central government rejecting the petitioners' petitions under the AEP Act 1950 should be quashed.

(3.) ACCORDING to the Petitioners the Gali nalbandan property was initially owned by mohd. Akbar and four others. By a registered sale deed dated 13th February 1882 it was sold to mirza Jan, Mohd. Jan, Agha Jan, Ali Jan and sons of Miyan Jan. The property then devolved upon the surviving brothers of agha Jan. By a subsequent agreement dated 8th April 1913 entered into between Mohd. Jan and ali Jan it was agreed that the Gali Nalbandan property shall be the absolute property of Ahmad-ul-Nisa, the daughter of Mirza Jan. The Petitioners claim to be the descendants of ahmad-ul-Nisa.