- (1.) This is an appeal from the judgment of the High Court of Judicature of the State of Punjab dated the 24th May 1951, dismissing the petition filed by the appellants for writs of 'certiorari', 'prohibition' and 'mandaus' against the respondent.
(2.) Aboobaker Abdul Rahman, the father of the appellants, was possessed of considerable moveable as well as immovable properties including a cinema theatre, known as the Imperial Cinema, situate at Bombay Soon after the partition of India, he went to Pakistan and was in Karachi in the month of September 1947 where he purchased certain properties in that month. On information supplied by one Tek Chand Dolwani to the Additional Custodian of Evacuee Property, the Additional Custodian started proceedings under the Bombay Evacuees (Administration of Property) Act, 1949, against Aboobaker in or about the month of July 1949. During the pendency of the said proceedings, the Government of India Ordinance XXVII of 1949 came into force. Thereupon, on the 16th December 1949 the Additional Custodian issued a notice to the said Aboobaker under S. 7 of the Ordinance and a further notice on the 11th January 1950 to show cause why his property should not be declared to be evacuee property. Pursuant to the said notices an enquiry was held by the Additional Custodian of Evacuee Property who after recording the statement of the said Aboobaker and examining some other evidence produced by the said Tekchand Dolwani and taking into consideration the written statement filed by him, adjudicated on the 8th February 1950 that the said Aboobaker, was not an evacuee. He, however, issued another notice to Aboobaker on the same day calling upon him to show cause why he should not be declared an intending evacuee under section 19 of the said Ordinance. On the 9th February 1950 he adjudicated him as an intending evacuee.
(3.) On the 31st March 1950, Tekchand Dolwani being the informant and interested in the adjudication of the said Aboobaker as an evacuee, filed an appeal against the order of the 9th February to the respondent (The Custodian General of India) praying for an order declareing the said Aboobaker an evacuee and that he being the first informant should be allotted the said cinema. On the 18th April 1950, the Ordinance was replaced by Act XXXI of 1950.;