Section 10 in The Evacuee Interest (Separation) Act, 1951
10. Separation of the interests of evacuees from those of claimants in composite property.
Notwithstanding anything to the contrary in any law or contract or any decree or order of a Civil Court or other authority, the competent officer may, subject to any rules that may be made in this behalf, take all such measures as he may consider necessary for thepurpose of separating the interests of the evacuees from those of the claimants in any composite property, and in particular may,--(a) in the case of any claim of a co- sharer or partner,--(i)direct the Custodian to pay to the claimant the amount of money assessed in respect of his share in the composite property or deposit the same in a Civil Court having jurisdiction over such property and deliver possession of the property to the Custodian and the claimant may withdraw the amount in deposit in the Civil Court; or(ii)transfer the property to the claimant on payment by him of the amount of money assessed in respect of the share of the evacuee in the property; or(iii)sell the property and distribute the sale proceeds thereof between the Custodian and the claimant in proportion to the share of the evacuee and of the claimant in the property; or(iv)partition the property according to shares of the evacuee and the claimant and deliver possession of the shares allotted to the evacuee and the claimant to the Custodian and the claimant respectively;(b)in the case of any claim of a mortgagor or a mortgagee,--(i)pay to the Custodian or the claimant the amount payable under the mortgage debt and redeem the mortgaged property; or(ii)sell the mortgaged property for satisfaction of the mortgage debt and distribute the sale proceeds thereof; or(iii)partition the property between the mortgagor and the mortgagee having regard to the share to which the mortgagee would be entitled in lieu of his claim;(c)adopt a combination of all or some of the aforesaid measures: Provided that before taking any measure under this section, the competent officer shall take into account the order of preference filed by the claimant under clause (f) of sub- section (2) of section 7; and in any case where the claimant is a mortgagor and tenders the amount due, the competent officer shall accept the same in full satisfaction of the mortgage debt.
