HAJI ABDUL MAJID HAJI ABDUL GANI Vs. CUSTODIAN OF ENEMY PROPERTY GOVERNMENT OF INDIA IN POSSESSION OF THE

JUDGEMENT

(1.) THE petitioner has filed this petition under Article 226 of the Constitution of India and is seeking the allotment of part of the enemy property as defined under the Enemy Property Act, 1968 in favor of respondent no. 4 by the respondent nos. 2 and 3 i. e. by the Custodian of enemy property and Collector, Nagpur District, Nagpur.

(2.) BRIEF facts are as under : The disputed property is known as Bombay Soda Factory and is situated at Ganjakhet, Nagpur. The said building was initially owned by Halimabi wd/o Abdulbhai Khimani, who subsequently bequeathed the property to one Abdul Sattar Adamji and Usuf and Usman s/o Mohmad Umar. One Haji Sattar Haji Latif became a tenant of the entire second floor of the building in 1986. The petitioner Haji Abdul was inducted as tenant of two rooms at the first floor in the year 1966 by Halimabi.

(3.) ABDUL Sattar Adamji opted to be a Pakistani National and his share in Bombay Soda Factory was declared as an Enemy Property, vide order dated April 25, 1973. This enemy property consisted of portion of the first floor and second floor where petitioner was the tenant. It is an admitted position that the petitioner was a tenant.