S KULDIP SINGH Vs. PUNJAB STATE

JUDGEMENT

(1.) TWO points arises for decision in the present case, viz. , (1) whether Section 5 of the Punjab court of Wards Act is ultra vires the Constitution; and (2) whether the Financial Commissioner's notification dated 21-10-1952 placing the estate of the-petitioner under the superintendence of the Court of Wards is 'mala fide' or in excess of the powers conferred by law.

(2.) ON 3-10-1952 the Punjab Government made an order under Section 5 (2) (d) of the Punjab court of Wards Act, 1903, directing that the property of S. Kuldip Singh petitioner, a well-to-do 'zamin-dar' of the Jullundur district, be placed under the superintendence of the Court of Wards and on 21-10-1952 the Financial Commissioner issued a notification under Section 9 of the said act that the Court of Wards had assumed superintendence of the property with effect from 3-10-1952. The petitioner has submitted a petition under Article 226 of the Constitution and principal point which has been agitated before us is that Sub-section (2) of Section 5 of the Act of 1903 constitutes an unwarranted abridgment of the petitioner's right to acquire, possess and dispose of property.

(3.) THIS sub-section is in the following terms: