MOHD SULTAN ZARGAR Vs. CUSTODIAN GENERAL, EVACUEE PROPERTY

JUDGEMENT

(1.) THE petitioner prays in the main for a writ of certiorari and also for certain consequential directions or orders in the nature of prohibition and Mandamus.

(2.) THE petitioner has been in occupation of a house situate in Mohalla Said Sahib, Srinagar. This house belongs to one Hasan Shah who for the last several years has been residing in Pakistan. The Asstt. Custodian of the Evacuees Property declared this house, at the instance of the third respondent, to be evacuee property and called upon the petitioner to vacate it. The petitioner appealed to the Custodian who affirmed the order of the Asstt. Custodian that the house was evacuee property, but permitted the petitioner to remain in possession on his executing a lease deed to the Custodian and paying rent to him. Not satisfied with this order, the petitioner moved the Custodian General who came to the conclusion that the house was not evacuee property. The third respondent thereupon preferred an application to the Custodian General for review of his order; the Custodian. General allowed the application and held the house to be evacuee property. The petitioner now seeks to get the order passed in review quashed on certiorari.

(3.) THE first ground urged by the learned counsel for the petitioner is that the third respondent had no locus standi to move the Custodian General to review his order. It is admitted that the third respondent is not the owner of the house in question, but he is a relative of Hasan Shah who is admittedly the owner of the house. It is urged that the mere circumstance of his being a relative of the owner of the house is insufficient to clothe the third respondent with competence to initiate review proceedings before the Custodian General. The argument is that the third respondent is in truth and effect only a stranger and not an aggrieved person and, therefore, the Custodian General had no jurisdiction to entertain his application.