- (1.) NAWAB Aijaz Ali Khan (now deceased) owned considerable immoveable property such as houses, shops, vacant sites and agricultural land etc. at Karnal which was treated evacuee under the Automatic Vesting provisions and were administered by the Custodian Organisation, In 1953 the Nawab mode an application for the grant of a certificate under Section 15 (1) of Administration of Evacuee Property Act (hereafter the Act) alleging that he had not migrated to Pakistan. The Central Government issued certificate No. 2 (28)-Rest/56 (P)-Raj/1524, dated Sept. 11, 1956, under Section 16 (1) of the Act as it existed prior to its amendment of Oct. 22, 1956. This certificate reads: "whereas Shri Mohammad Aijaz Ali Khan son of Late Nawab Mohammad Umardraz has made an application to the Central Government for restoration of his property which was vested in the Custodian; And whereas the Central Government is satisfied that it is just and proper to grant the applicant a certificate for restoration of the said property: Now, therefore, in exercise of the powers conferred by sub-section (1) of Section 16 of the Administration of Evacuee Property Act, 1950 (XXXI of 1950) and the rules made thereunder, the Central Government hereby grants this certificate to the applicant to the effect that any evacuee property which has vested in the Custodian and to which the applicant would have been entitled, if the said Act were not in force, shall be restored to him, subject to the condition that:- He shall not evict any allottee/tenant except in the circumstances in which lessees can be evicted under any law for the time being in force. In respect of agricultural land, if the land is in possession of displaced person, he may be given either alternative land or compensation, or both, in lieu thereof. "
(2.) ON Oct. 15, 1958, the Nawab submitted an application to the Asstt. Custodian for the restoration of 48 properties at Karnal which was partly allowed by the Deputy Custodian vide order dated May 8, 1957, (P. 1 ). The case of M/s. Gopi Nath and sons (petitioner) is that on Nov. 13, 1957, it purchased some properties from the Nawab' for Rs. 1,17,000/and on March 11, 1959, for Rs. 800/ -. The properties purchased by the petitioner had not been restored to 'he Nawab by the Custodian authorities when they were purchased by it. The Nawab submitted two applications dated October 10, 1957 (P. 4) and March 27, 1959, (P. 3) claiming the restoration of some other. properties detailed therein in pursuance of the certificate already issued to him under section 16 (1) of the Act. The claim of Nawab for restoration of the properties was still under consideration with the Custodian authorities when he died on March 4, 1963. On Sept, 3, 1963, the Assistant Custodian passed the, order P. 5 against which Karnal Cooperative Transport Society Limited. Karnat, filed a revision under Section 27 of the Act which was accepted be the Deputy Custodian General vide order dated April 9, 1965, (P. 8 ). The order of the Assistant Custodian was set aside and the case was remanded for fresh decision under Section 16 (2) of the Act. The petitioner assailed the order of the Deputy Custodian General (P. 8) in C. W. P. No. 1718 of 1965, which was dismissed on Dec. 23, 1966. Letters Patent Appeal against the order of thc High Court in C. W. P. No. 1718 of 1965, a dismissed on March 21, 1967.
(3.) THE matter came up for decision before the Assistant Custodian in pursuance of the order of the Deputy Custodian General (P. 8 ). One of the issues before the Assistant Custodian for decision was: Whether Messrs Gopi Nath and Sons possesses the necessary locus standi to pursue the application put in by Shri Aijaz Ali Khan?;