Dominic Alex Fernandes(D) Tr.Lrs.. vs Union Of India on 17 August, 2017
In view of law laid
down by this Court, noticed above, we are of the view that rights of
a bona fide tenant will not stand automatically terminated by
forfeiture of property and vesting thereof in the Central Government.
Such forfeiture will extinguish the rights of the person to whom the
Act applies in the present case Krishna Budha Gawde, who was the
owner of the property in question or his relative or associate having
nexus with him in relation to the said property. However, we do not
express any opinion whether the appellants are the bona fide
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tenants and had no nexus with the acquisition of the property by the
person to whom the Act applied as claimed by them. This question
needs to be determined independently by the competent authority
as defined in Section 3(b) of the Act.