New Delhi, Mar 6 (UNI) The Supreme Court has decided to examine an important issue whether a Pakistani national can have right to property in India.
The important issue has been raised by a petitioner Bhai Lal Shukla, challenging the Allahabad High Court order which had allowed a Pakistani national, Suhel Siddiqui, to take possession of the land belonging to his uncle who was a bachelor.
The High Court had also dismissed the testamentary case, filed by Administrator General of Uttar Pradesh who contended that the Pakistani national cannot own property in India and hence it should be declared evacuated and the possession be handed over to the state government.
Shukla had claimed the ownership of the property on the basis of a will purportedly executed by late Siddiqui.
According to Shukla, who was gardener of late Siddiqui, the property was gifted to him by late Siddiqui in August 1996.
The High Court had ordered prosecution of Shukla for filing false affidavits in the court and directed him to pay a fine of Rs 1 lakh to the Administrator General of Uttar Pradesh.
A bench comprising Justices Arijit Pasayat and P Sathasivam had fixed the petition for final disposal next month.
The apex court, however, yesterday turned down the request of Shukla for stay of the High court order which had permitted Suhel to take possession of property.
UNI AKS/SC SW RN1917