Summary
The Custodian of evacuee properties made a declaration that two houses were evacuee properties. Notice under s. 7 of the Administration of Evacuee Property Act, 1950, which initiated the proceedings resulting in the declaration had been served on two persons as owners. These persons did not appear and contest the proceedings. The petitioners claimed to be entitled to certain shares in the houses. No notice under s. 7 Of the Act had at any time been served on them and they had never been declared evacuees. One of the petitioners filed an appeal under the Act to the Custodian- General which was dismissed as time barred. The petitioners then filed a petition under Art. 32 Of the Constitution of India on the ground that they were being wrongfully deprived of their shares in the houses.
Held, that as no notice under s. 7 of the Act had been ser- ved on the petitioners, their shares in the houses had never become evacuee property nor vested in the Custodian. The petitioner who had filed the appeal did not thereby lose his rights in the houses either as the appeal did not decide any question as to such rights but was dismissed on the sole ground that it was filed beyond the time prescribed for it.Strictly, no appeal by him lay as he was not a party to the proceeding resulting in the declaration.Section 12 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954, only affects the rights of an evacuee in his property. The notification made under that section did not have the effect of extinguishing the petitioners' rights in the houses as they had never been declared evacuees.Ebrahim Aboobaker v. Tek Chand Dolwani, [1953] S.C.R. 691, referred to.See the full content of this document
Extract
Dr. Zafar Ali Shah And Others VS. The Assistantcustodian Of Evacuee Property, Jhansi An
PETITIONER: DR. ZAFAR ALI SHAH AND OTHERS Vs.RESPONDENT: THE ASSISTANT CUSTODIAN OF EVACUEE PROPERTY, JHANSI ANDDATE OF JUDGMENT: 04/04/1961BENCH: SARKAR, A.K.BENCH: SARKAR, A.K.SINHA, BHUVNESHWAR P.(CJ)DAS, S.K.AYYANGAR, N. RAJAGOPALAMUDHOLKAR, J.R.CITATION: 1967 AIR 106 1962 SCR (1) 749ACT: Evacuee Property-Declarati...
See the full content of this document