JANKI PARSHAD Vs. CUSTODIAN EVACUEE PROPERTY JULLUNDUR
HIGH COURT OF PUNJAB AND HARYANA
CUSTODIAN, EVACUEE PROPERTY, JULLUNDUR
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Kapur, J. -
(1.) This is a rule obtained by the petitioner Janki Parshad under Article 226, Constitution of India for a writ of 'mandamus' directing the Custodian-General to forbear from taking cognizance of the matter in dispute.
(2.) The case originally came before me sitting singly and I referred it to a Division Bench to determine whether the power' of review under Section 26 of the present Administration of Evacuee Property Act 31 of 1950 is applicable to the facts of the present case.
(3.) Three parties Rajeshwar Sahai, Allah Diya and two brothers Gopal Sahai and Khub Ram were partners in equal shares in a cinema business which was being carried on as a registered partnership at Rewari as from 23-1-1946. It is alleged that Allah Diya was indebted to Janki Parshad and Rajeshwar Sahai father and son and on 17-6-1947 Allah Diya sold his one-third share to Janki Parshad for a part of the debt. Due to communal disturbances the cinema business remained closed up to 4-12-1947 when it reopened.;
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