CUSTODIAN OF EVACUEE PROPERTY PUNJAB JULLUNDUR Vs. KIDAR NATH ADVOCATE ROHTAK
HIGH COURT OF PUNJAB AND HARYANA
CUSTODIAN OF EVACUEE PROPERTY, PUNJAB, JULLUNDUR
KIDAR NATH, ADVOCATE, ROHTAK
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Kapur, J. -
(1.) This is a rule obtained by the Custodian against an appellate order passed by Additional District Judge, Prahlad Singh, Bindra dated 24-7-1952 holding that the property was not evacuee property and was therefore liable to attachment and sale in execution of the decree in favour of Kidar Nath.
(2.) The facts which have given rise to this petition may be stated as follows. Kidar Nath, who is an Advocate, lent money to Mst. Nanhi, a Muslim woman, and filed a suit on 30-10-1947 for the recovery of this amount. He also applied for attachment before judgment on the ground that the woman was going to Pakistan. On 4-11-1941 summons was issued to her, but the report was that she had refused to accept notice, and on 18-11-1947 an 'ex parte' decree was passed. On 21-11-1947, and it is surprising to note the speed at which the Court seems to have acted in this case, a notice was issued to the woman to show cause why the property should not be sold. The report on the back of this notice was to the effect that Mst. Nanhi had gone away to Pakistan and this report is attested by Kidar Nath. Advocate, and is dated 1-12-1947.
(3.) On 25-2-1948 the property in dispute was sold, and an application was made on 19-10-1948 by the Custodian under Section 8, Administration of Evacuees Property Act, 1947. This sale was set aside by an order of the executing Court dated 14-10-1949. An appeal was taken to the District Judge who ordered a remand.;
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