Manager for evacuee shops appointed by Deputy Custodian of
Evacuee Property Deputy Custodian whether can cancel
appointment subsequently.
HEADNOTE:
The appellant was appointed Manager ... evacuee shops
which vested in the Custodian of Evacuee Property. The
appointment was made in 1952 under s. 10(2) (b) of the
Administration
State. Section 2(c) defined an " evacuee " and s. 2(d)
evacuee property ". Section 5 laid down that all evacuee
property situate ... property is finally declared to
be evacuee property. Under the first Mysore Act the
property became evacuee property and the person
therein the Custodian may
declare the property of an intending evacuee to be evacuee
property.
We do not think that it is possible ... property of a
person who has been declared an intending evacuee to be
evacuee property whenever the existence of any of the
circumstances prescribed
Fundamental Rights-Evacuee Property-Declaration becoming
final-Writ Petition in Supreme Court challenging
declaration-Maintainability of-Constitution of India, Art.
32.
HEADNOTE:
The petitioner ... evacuee
under the provisions of s. 2(d)(1) of the Act and the plots
in question were evacuee property within the meaning
that section that Nusrat Ali and Fateh Ali
were evacuees and the houses were evacuee property. Upon
such declaration the houses vested in the Custodian ... section (1), the
right, title and interest of any evacuee in the evacuee
property specified in the notification shall, on and from
the beginning
mentioned in
Schedules A and B of the evacuee Abdulla should be treated
as evacuee properties". The Custodian finally ordered: "in
consequence ... mentioned in Schs. A and B of the evacuee Abdulla should be
treated as evacuee properties", in view of the fact that
under
Assistant Custodian of Evacuee Property, Madras City, had declared the property of the vendor to be evacuee property since he was of the opinion that ... clear to the evacuees from both the countries that the two countries were adopting appropriate legislative measures to protect the evacuee properties and prevent their
composite property" means any property which, or any property in which, an interest has been declared to be evacuee property or has vested ... 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
Evacuee Property-Provisions regarding declaration of
property as evacuee property Confirmation of sale-Power of
Custodian to refuse- Constitutionality of Administration of
Evacuee Property ... Rehmatullah was declared to be
an intending evacuee by the Assistant Custodian of Evacuee
Property. Eventually he left India for Pakistan on June
this case it had been held under the Administration of Evacuee
Property Act, 1950 , that ... certain person was an evacuee and that certain
plots of land which belonged to him were, therefore, evacuee property and
vested in the Custodian
