EBRAHIM ABOOBAKER Vs. L ACHHRU RAM

JUDGEMENT

(1.) On the 28th February, 1951, Ebrahim Aboobakar and Hawabai Aboobaker applied under Article 226 of the Constitution of India that a writ of 'certiorari' should issue to the Custodian-General, Evacuee Property, Delhi, to bring up, in order to be Quashed, the order pronounced by him on the 15th of May, 1950, in proceedings under Section 24 read with Section 7 of the Administration of Evacuee Property Ordinance, 1949, hereinafter referred to as the Ordinance, and that writs of prohibition and 'mandamus' should issue to the Custodian- General forbidding him from proceeding with the hearing of appeal pursuant to that order.

(2.) Briefly summarised, the facts of the case, so far as material, are these. On the 16th of December, 1949, the Additional Custodian, Evacuee Property, Bombay, hereinafter referred to as the Additional Custodian, gave notice under Section 7 of the Ordinance to Aboobakar Abdulrehman calling upon him to show cause why his right, title and interest in the Imperial Cinema, Bombay, and in immovable properties situated at Apollo Street, Colaba Market, Vithilbhai Patel Road and Kolsa Mohalla should not be declared to be evacuee properties. Pursuant to that notice Aboobakar Abdulrehman appeared before the Additional Custodian on different dates when evidence was recorded.

(3.) On the 11th of January, 1950, the Additional Custodian gave notice to Aboobakar Abdulrehman under Section 7 of the Ordinance requiring him to show cause why he should not be declared an evacuee.