- (1.)These are appeals by special leave from three orders against an order passed on March 12, 1954, by the Custodian-General, Evacuee Property disposing of three revision petitions, two of which were preferred by one Bharoo Mal (since deceased) and one by his wife, and now widow, Padma Devi. Even though a common order was passed by the Custodian-General, three appeals have been preferred before this Court.
(2.)The facts leading up to the appeals are briefly as follows :
(3.)An agreement was entered into between Bharoomal and one Nanan Begum on April 11, 1948, for the exchange of Bharoomal's properties at Sukkar in Sind, Pakistan for Nanan Begum's properties at Lucknow. Prior to that, on April 7, 1948, a similar agreement was entered into between Padma Devi and one Tahir Ali. It is common ground that in pursuance of the agreement Bharoomal and Padma Devi entered into possession of the properties obtained by them in exchange from Nanan Begum and Tahir Ali respectively and the latter entered into possession of the properties belonging to the former situated in Sukkar. The deed of exchange was to be executed within two years of the date of agreement; but in fact it was never executed. Consequently in the year 1950 Bharoomal and Padma Devi instituted three suits for specific performance. These suits were decreed and sale deeds conveying certain properties to Bharoomal and certain properties to Padma Devi were executed by the Court in February, 1952.