Court : Allahabad
Decided on : Feb-22-1962
Reported in : AIR1963All101
ORDERW. Broome, J.1. This writ petition challenges a demand made in September 1957 by the Assistant Custodian of Evacuee Property for arrears of rent in respect of the premises at No. 30 Elgin Road, Allahabad; and the petitioner asks for a writ of mandamus to be issued, requiring the Assistant Custodian not to treat any share or interest in the aforesaid premises as evacuee property and not to realise any amount from him by way of arrears of rent in respect thereof.2. The house in question was purchased by the petitioner and his brother Mohammad Mohmood Husain in the year 1941 in equal shares. In 1947 the petitioner's brother went off to Pakistan; and on 26-8-1952 he was killed there in an air-crash. According to the respondent, Mohammad Mahmood Husain had migrated to Pakistan and his share of the property vested in the Custodian of Evacuee Property under U. P. Ordinance No. 1 of 1949. The petitioner did not initially challenge the vesting order but agreed to deposit with the Custodian...
Tag this Judgment!Court : Allahabad
Decided on : Sep-20-1962
Reported in : AIR1963All459
Mukerji, J.1. Although my learned brothers Jagdish Sahai and Dwivedi are agreed as to the result of this appeal, yet they have differed in regard to the reasons sustaining their respective conclusions on which they agree to a dismissal of the appeal.2 I have had the advantage of reading the opinions of both and I find myself in agreement with the line of reasoning adopted by my learned brothel Jagdish Sahai. I also find that I have little to add to what has already been said, except pointing out that by adopting the line of reasoning followed by my learned brother Jagdish Sahai equity was not being deployed to override law. There was, in my view, nothing in either the Contract Act or the Sale of Goods Act which compelled a Court to uphold the fraud practised in the instant case.3. I agree with the opinion of my learned brother Jagdish Sahai.Jagdish Sahai, J.4. I have read the opinion of my brother pwivedi and agree with his conclusion that the appeal should be dismissed with costs. Ina...
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