JEET SINGH AND ORS. Vs. STATE OF U.P. AND ORS.
LAWS(ALL)-2016-1-178
HIGH COURT OF ALLAHABAD
Decided on January 12,2016

Jeet Singh And Ors. Appellant
VERSUS
State of U.P. and Ors. Respondents

JUDGEMENT

- (1.) This writ petition has been filed with following reliefs:- "(I) Issue a writ, order or direction in the nature of mandamus commanding the respondent no.3 to expunge the name of Custodian of Enemy Property for India and restore the name of petitioners in the revenue records as Bhumidhar. In pursuance of the order of the Custodian of Enemy Property dated 28.04.2015 and dated 11.10.2015. (II) Issue a writ, order or direction in the nature of mandamus commanding the respondent no.3 to decide the representations dated 26.08.2015 and 18.09.2015 in accordance with orders of the Custodian of Enemy Property dated 28.04.2015 and 11.10.2015."
(2.) There are serious issues of title raised by means of the present writ petition. The records reflect that the disputed property is stated to have been sold by one Iqtrab Ali Khan, through a registered sale deed in favour of Abhay Ram Singh and others in the year 1968 for Rs.48,000/- and Sri Abhay Ram Singh and others sold the property in favour of petitioners vide sale dated 9.3.1971 for Rs.75,000/-.
(3.) The Custodian of Enemy Property raised an issue with regards to the property being an enemy property and, therefore, the Custodian alone being competent to manage the same. A notice dated 10.3.1973 was issued by the Custodian of Enemy Property requiring Iqtrab Ali Khan to deposit Rs.48,000/- and Abhay Ram who sold it for Rs.75,000/- to deposit Rs.27,000/- total Rs.75,000/-.;


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