B M BHALLA Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition is under Art. 226 of the Constitution of India praying for a direction to the Custodian to discharge a decree obtained by Mr. B. M. Bhalla against Nawab Ehsan Ali Khan.

(2.) On 26-10-1948, Mr. Bhalla obtained a decree for Rs. 38,000/- against the Nawab. Thereafter he moved the Custodian for the registration of his claim under rule 22 of the Administration of Evacuee Property (Central) Rules, 1950. On 26-7-1949, this claim was registered in accordance with rule 22 read with S. 10(2)(m) of the Administration of Evacuee Property Act (No. XXXI of 1950) before its amendment in 1956. Section 10(2)(m) as it originally stood and Rule 22 are in these terms:

(3.) The mere registration of a claim shall not entitle the claimant to payment and the Custodian may for reasons to be recorded refuse payment.