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april 1953

Supreme Court of India · 1953-04-10

EBRAHIM ABOOBAKER AND ANOTHER vs TEKCHAND DOLWANIEBRAHIM ABOOBAKER AND ANOTHERV.CUSTODIAN-G

Citation / case number
SC 1953/1485
Court
Supreme Court of India
Petitioner
EBRAHIM ABOOBAKER AND ANOTHER
Respondent
TEKCHAND DOLWANIEBRAHIM ABOOBAKER AND ANOTHERV.CUSTODIAN-G
Bench
SASTRI, M. PATANJALI (CJ),MUKHERJEA, B.K.,DAS, SUDHI RANJAN,HASAN, GHULAM,BHAGWATI, NATWARLAL H.

Judgment text excerpt

The Supreme Court ruled that under the Administration of Evacuee Property Act, 1950, specifically sections 2(d), 2(f), and 7, if a person against whom proceedings to declare him an evacuee dies during the proceedings, he cannot be declared an evacuee posthumously. The Court held that the properties of the deceased vest in his heirs according to Mohammedan law and cannot be classified as evacuee properties. Consequently, the proceedings abate upon the death of the individual, affirming the legal principle that rights cannot be adjudicated against a deceased person.

EBRAHIM ABOOBAKER AND ANOTHER vs TEKCHAND DOLWANIEBRAHIM ABOOBAKER AND ANOTHERV.CUSTODIAN-G · Niyam