FIRM SAHIB DAYAL BAKSHI RAM Vs. ASSISTANT CUSTODIAN OF EVACUEES PROPERTY AMRITSAR

JUDGEMENT

(1.) FIRM Sahib Dayal-Bakshi Ram of Amritsar, hereinafter referred to as the applicant, applies under Article 226 of the Constitution for the issuance of writs of 'certiorari', prohibition and 'mandamus'.

(2.) BRIEFLY summarised the facts giving rise to these proceedings are these. On the 24th of June 1948, the Senior Subordinate Judge, Amritsar, decreed with costs the suit of the applicant against messrs. Ghulam Mustafa-Bahal-ud-Din for rupees l,585/5/- and future interest. On the 29th of december, 1948, the applicant applied to the Assistant Custodian of Evacuee Property, Amritsar, hereinafter referred to as the respondent No. 1, for the registration of the claim of the applicant for rupees 1,814/10/-, against Messrs. Ghulam Mustafa-Bahal-ud-Din. In January, 1949, the applicant put in a claim for rupees 1,900/- on the basis of debt outstanding against Moosa Ji ghulam Mohammad Malik in the books of the applicant.

(3.) ON receipt of the claims mentioned in the preceding paragraph respondent No. 1 examined the books of account of the applicant which showed debts due from the applicant to Muslim evacuees. On the 23rd of May, 1951, the applicant received from respondent No. 1 a demand notice for rupees 9,196/13/9 for amounts due from the applicant to the evacuees.