HAJI AHMED HASAN Vs. OFFICER AND ORS.

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution is directed against the order of the Appellate Officer holding that 1/3rd share in the property in dispute being evacuee property can be separated.

(2.) THE facts giving rise to this petition are as follows: One Mohammad Nabi Khan owned House No. 204/A -5 in Sarai Husaini Begum, Moradabad. He died before the partition of the country leaving two sons Baboo Khan and Ali Ahmed Khan and two daughters Sultana Begum and Shahjahah (sic) His son Ali Ahmed Khan was married to one Raisa Bano and from her he had two daughters Kakko and Aisha Begum. During his life -time a certain share in this house had been transferred by Muhammad Babi (Nabip) Khan to his daughters -in -law Raisa Bano The remaining property was inherited by the sons and the daughters according to Mohammedan Law Mst. Raisa Bano died and the property held by her was inherited by her daughters and husband Ali Ahmed Khan In this was Ali Ahmed Khan succeeded to a certain share in the house as the heir of Mst. Raisa Bano and as the heir of his father Mohammad Nabi Khan.

(3.) SO far as the Respondents are concerned their reliance is mainly on Section 8 of the Evacuee Interest (Separation) Act and Section 17(1) of the Administration of Evacuee Property Act, For this reason it will be proper for facility of reference to quote both the provisions. Section 8 of the Evacuee Interest (Separation) Act is in these terms.