RAMSINGH Vs. CUSTODIAN RAJASTHAN

JUDGEMENT

(1.) THIS is a writ petition under Arts. 226 and 227 of the Constitution of India.

(2.) ONE Fakruddin, retired Guard B. B. & C. 1. Railway residing at Bandikui migrated to Pakistan after the partition of the country. The Tehsildar of Bandikui in exercise of the powers of the Assistant Custodian took possession of the house belonging to Fakruddin situated at Bandikui holding it to be evacuee property under sec. 8 of the Jaipur Evacuees' "administrarion of property" Ordinance 1948 (IV of 1948) by an order dated 13th July, 1948. ONE Ramsingh who is now petitioner before us filed objections that the said Fakruddin had mortgaged the property with him on 7th July, 1947, for a sum of Rs. 5000/ -. The claim was enquired into under sec. 9 of the Jaipur Ordinance and the Tehsildar recommended that the property be released. The Collector of Jaipur purporting to exercise the powers of Custodian directed release of the property by an order dated 2nd March, 1950. In the meanwhile the Central Ordinance for Administration of Evacuees' Property, No. XXVII of 1949 had come into force and the Collector was only authorised to exercise powers of a Deputy Custodian.