LAWS(DLH)-2009-12-10

MOHD ALEEM Vs. UOI

Decided On December 04, 2009
MOHD ALEEM Appellant
V/S
UOI Respondents

JUDGEMENT

(1.) COUNSEL for the petitioner relies upon judgment in the suit No. 564/1965 titled Sheikh Sultan Ahmed Vs. Mst. Bismilla Jan and ors. and submits that the respondents have wrongly not taken the said decision into consideration. The said suit as per the documents filed on record was presented on 16th October, 1965, and was immediately decreed on the basis of the statement made by the parties within two months on 15th December, 1965. The suit appears to be collusive and the respondents herein were not parties to the said suit.

(2.) UNION of India enacted the Defence of All India Act, 1962 and Defence of india Rules, 1962 for vesting of Enemy Property in the custodian. This was followed by the Enemy Property Act, 1968 for continuation of vesting of Enemy property in the custodian.

(3.) THE admitted position is that late Sheikh Sultan Ahmed expired in Karachi, pakistan on 3rd November, 1961. The properties held by him except the share of smt. Bismilla Jan, an Indian national, had vested with the Custodian of Enemy property by virtue of Government of India notification dated 10th September, 1965. Vesting is by force of law.