other person, not being an evacuee; or
(ii) in which the interest of the evacuee is subject to mortgage in any form in favour ... being an evacuee; or
(iii) in which the interest of a person, not being an evacuee, is subject to mortgage in any form in favour
Plaintiff
seeking redemption of the mortgage, for rendition of accounts, and
for discharge of the mortgage debt under the mortgage deed. It
was pleaded that ... through the
Department of Rehabilitation and evacuee property. On 21 st April,
1960, late Raj Nath executed a mortgage deed in favour of the
Government
Supreme Court has analysed with meticulous care the provisions of the Evacuee Ordinance and has considered the effect thereof. It is pointed out that ... Ordinance to provide for the administration of evacuee property and not management of evacuee property. The expression "administration", in relation to an estate
declared an evacuee under the Administration of Evacuee Property Act and thereupon the property became vested in the Custodian of Evacuee Property. On or about ... transfer of possession was on a provisional basis and therefore no sale, mortgage or lease of the property by the auction-purchaser would be permissible
said property in
their favour, at their costs, by accepting the mortgage debt due and
payable. Along with the 'Decree of Redemption ... Displaced Persons (Compensation and
Rehabilitation) Act, 1954, acquired these evacuee properties and agreed
to sell the same to late Rajnath, who has, along with
Pakistan and were declared evacuees. By an order passed by this Court on March 28, 1958, the Custodian of Evacuee Property was impleaded ... agent of the evacuees under a general power of attorney applied for a decree absolute for sale. The Custodian of Evacuee Property resisted the application
Sadashiv Chander Bhamgare vs Eknath Pandharinath Nangude on 16 April, 2004
Equivalent citations: AIR2004BOM378, 2004
Anant Trimbak Sabnis vs Vasant Pratap Pandit on 4 July, 1979
Equivalent citations: AIR1980BOM69, AIR
Escorts Ltd. And Another vs Union Of India And Others on 9 November, 1984
Equivalent
Omprakash Sawalram Agrawal vs The Nagpur Municipal Corporation on 19 July, 2010
Author: B.P
