declaring the disputed property in issue as an Evacuee
Property under Section 7 of the Evacuee Property Act. This
notification was subsequently published ... factor that the property is
notified as evacuee property after following the due procedure
prescribed under the Evacuee Property Act and the Rules framed
thereunder
Property Act, 1950
8. Vesting of evacuee property in the Custodians.-
(1) Any property declared to be evacuee property under section 7 shall be deemed ... disposed of as if the definitions of 'evacuee property' and 'evacuee' contained in section 2 of this Act had become applicable thereto. (3) Where
property
being evacuee property vested in the Custodian. As there was no
claimant to the property, it was taken over by the Evacuee Property
Department ... Section 2(d) defines the Evacuee Property is as :-
"evacuee property" means any property in which an evacuee
has any right or interest
Section 46 in Administration of Evacuee Property Act, 1950
46. Jurisdiction of civil courts barred in certain matters.
- Save as other wise expressly provided ... question whether any property or any right to or interest in any property is or is not evacuee property, or (b) to entertain or adjudicate
Section 7 in Administration of Evacuee Property Act ... Notification of evacuee property.-
(1) Where the Custodian is of opinion that any property is evacuee property within the meaning of this Act
Evacuee property" means any property which has been declared or is deemed to have been declared as evacuee property under the Administration of Evacuee Property ... evacuee property; or (c) all evacuee property situated in a specified area; or (d) any particular evacuee property. (4) All evacuee property acquired under this
Property Act 1950, Section 8
(2) & Punjab Village Common Lands (Regulation) Act 1953.
Section 3 Central Act and State Act - Conflict - Whether
exists - Evacuee ... preservation
of the property left by Muslim evacuees led to the passing
of the East Punjab Evacuees (Administration of Property)
Act, 14 of 1947. Section
Kanpur, respondent 3 is the Custodian Evacuee Properties, Lucknow & respondent 5 is the Assistant Custodian of Evacuee Properties, Kanpur. Respondent 4 is the Deputy ... proceedings have been initiated against the evacuee share-holders of the petitioner Company under Section 7 , Evacuee Property Act, & that the petitioner Company
such property to be
evacuee property."
Section 6 then provided for vesting of any property declared
to be evacuee property in the Custodian. Thus ... property to be
evacuee property; and it was only thereafter that the
property vested in him as evacuee property. Further, the
second Mysore Act also
property vested absolutely in the Central. Government. The
right of the Custodian manage the property under the
Administration of Evacuee Property Act, 1950 , came ... property would be to divest the
Custodian completely of his right in the property flowing
from s. 8 of the Administration of Evacuee Property Act