MD SHARIFF Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned Counsel for the parties. The appellants are represented by Mr. S.S. Nayar Hussain, learned Sr. Advocate Respondent Nos. 1 to 3 by Mr. Ajay Tripathi, Addl. SCCG, and Respondent Nos. 4(i) to 4(iv) are represented by Mr. Suman Kumar.

(2.) The plaintiffs are the appellants against a judgment of affirmance. This appeal is directed against the judgment dated 2 -2 -1999, passed by the learned Additional District Judge, Hilsa, Nalanda, in Title Appeal No. 32 of 1991 Md. Shariff and Ors. v. Union of India and Ors. whereby he has upheld the order dated 3 -4 -1991, passed by the learned Munisff, Hilsa, in Title Suit No. 19 of 1978, Md. Shariff Mian and Ors. v. Union of India and Ors. The trial Court held that the suit is not maintainable in terms of Sections 42 and 28 of the Administration of Evacuee Property Act, 1950 (hereinafter referred to as the Act).

(3.) The suit properties were declared to be evacuee property after following the procedure prescribed by the Act. The plaintiffs herein had moved the Assistant Custodian, thereafter, the Deputy Custodian, and finally the Custodian -General. Their case before the authorities under the Act was that the property beloged to Abdul Rauf who died leaving behind two sons, namely, Md. Sharif and Md. Hanif. Md. Sharif has had one son, namely, Shorab. It was their further case that they never migrated to Pakistan and, therefore, there was no question of declaration of the suit property to be evacuee property which belonged to Abdul Rauf. The plaintiffs' contention was rejected by all the three authorities under the Act, who held that neither Md. Sharif nor Md. Hanif nor Sohrab was the heir of Abdul Rauf. They have further found that Md. Sharif was not the son of Abdul Rauf. Liaquat was the son of Shafique Mian, whereas Shafique and Liyakat Mian, son and grandson of Abdul Rauf had migrated to Pakistan, leaving behind the suit properties. Md. Sharif and Md. Hanif and Sohrab were not the heirs of Abdul Rauf and they have no right, title and interest in the suit properties.