ROORI DEVI Vs. CUSTODIAN GENERAL

JUDGEMENT

(1.) THIS petition under Article 26 of the Constitution is directed against an order of the Assistant Custodian General, U. P. dated 7-11-1963 with ; the prayer that the said order Annexure '6' to the writ petition be quashed.

(2.) BRIEF facts giving rise to the present petition are that one Tafazzul Hussain execut ed a mortgage on 15th December 1947, in respect of house No. 474 situate in mohalla Keraiganj Rajvan Bazar, Meerut City in favour of the petitioner for a consideration of Rs. 1.000. This Tafazzul Husain migrat ed to Pakistan in July 1949. The petitioner thereafter moved an application on 17th December J949 under Section 38 of Ordi nance No. 27 of 1949 before the Deputy Custodian, Evacuee Property, Meerut, for the confirmation of the aforesaid mortgage. The Deputy Custodian by his order dated 5th March 1951 allowed the application of the petitioner and confirmed the mortgage deed.

(3.) ON a consideration of the case" of the parties and the evidence on the record the Opposite Party No. 1 came to the conclu sion that the property in dispute belonged to Smt. Mahboobul Nisa which became evacuee property after her migration to Pakistan in February 1948 and the same vested in the Custodian. It was further held that Tafazzul Husain had no title to the property on the date of the mortgage and the revisional power under Section ' 27 of the Administra tion of Evacuee Property Act, Act No. 31 of 1950 being very wide it was competent to the Opposite Party No. 1 to set aside the order of confirmation even though that order was an- appealable one. Accordingly the Opposite Party No. 1 exercising its power of revision under Section 27 of Act No. 31 of 1950 by his order dated 7th November, 1963 (Annexure '6' on the record) set aside the order dated 5th March, 1951, passed by the Deputy Custodian, Meerut confirming the mortgage and directed the Assistant Cus todian to recover compensation from the petitioner for use and occupation of the house in dispute 'and then to dispose of the property in accordance with law,