- (1.)The writ petitioners have prayed for quashing the order dated 4.8.1984 passed by the District Magistrate, Aligarh as Asstt. Custodian Enemy Property, declaring the disputed property, including a plot measuring 1400 sq. feet on which Shri Mangal Sen is running Novelty cinema of which a portion being used by Prem Chandra for doing business of coal; six houses in Saray Barambeg; seven shops in Sabji Mandi, Aligarh including a staircase ; two shops in Bazar Gudari Aligarh etc., the details of which are given in the order under challenge.
(2.)We have heard Shri M.K. Gupta, learned counsel for the petitioners. Learned Standing Counsel appears for the District Magistrate, Aligarh as Asstt. Custodian Enemy Property, Aligarh-respondent No. 4 and Tehsildar of Tehsil Koil, Distt. Aligarh-respondent No. 5. The notices were served but no one appears for the Central Government. Shri A.K. Gupta appears for Shri Madhu Sudan Gopal- respondent No. 6, the tenant of the property.
(3.)The facts stated in the writ petition in brief are that the properties were initially owned by Shri Imamuddin. After his death the properties were partitioned by a registered arbitration award dated 19.11.1940 between Hanifa Begum, the widow of Imamuddin; Rafiuddin, the son of Imamuddin and the legal heirs of his three sons namely Naqiuddin, Taqiuddin and Aliuddin. The Asstt. Custodian, Evacuee Property issued notice and declared Smt. Swaleha Begum as evacuee. The order was challenged by Azizuddin and Allauddin. The appeal was allowed by the Custodian, Evacuee Property, Lucknow on 7.2.1957. It was held that Swaleha Begam (the evacuee) had no interest in the properties and that said properties are not evacuee property. The order was not challenged by any person and attained finality.