HUKUMAT RAI DHANUMAL Vs. N VENKAAT KISHAN RAO

JUDGEMENT

(1.) These two appeals arise out of an order passed by a single Judge in W.P. No. 646 of 1968 on 9th December, 1970 whereby the learned Judge allowed the Writ petition and quashed the notification issued under section 7 of the Administration of Evacuee Property Act (XXXI of 1950) Chereinafter referred to as the Act). A writ of Mandamus directing respondents 1 to 4 not to interfere with the possession and enjoyment of the petitioners subsequent to the 4th Respondent's order, dated 30th January, 1968, or otherwise was also issued.

(2.) The facts in outline are that the agricultural lands in dispute originally belonged to one Abdulla Khan, son of Sardar Khan. The said Abdulla Khan appears to have mortgaged the said lands to one Nagol Samayya for a sum of Rs.600 (O.S.). It was stipulated in the mortgage deed that Abdulla Khan would repay the borrowed amount within one year from the date of the mortgaged document failing which he will not interfere with the mortgaged land. Abdulla Khan died leaving behind him Abdul Aziz Khan, his son.

(3.) In 1948 Abdul Aziz Khan migrated to Pakistan.