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november 1955

Supreme Court of India · 1955-11-10

RAI BAHADUR KANWAR RAJ NATHAND OTHERS vs PRAMOD C. BHATT, CUSTODIAN OFEVACUEE PROPERTY.

Citation / case number
SC 1954/90316
Court
Supreme Court of India
Petitioner
RAI BAHADUR KANWAR RAJ NATHAND OTHERS
Respondent
PRAMOD C. BHATT, CUSTODIAN OFEVACUEE PROPERTY.
Bench
AIYYAR, T.L. VENKATARAMA

Judgment text excerpt

The Supreme Court held that under Section 12(1) of the Administration of Evacuee Property Act, 1950, the Custodian has absolute power to cancel leases of evacuee properties without being constrained by any prior contractual agreements. The Court clarified that the non-obstante clause in the statute serves to ensure that the Custodian's powers are not limited by other laws but does not restrict the inherent authority to cancel leases. The appeal was dismissed, affirming the Custodian's decision to issue a notice for lease cancellation due to breaches by the appellants.

RAI BAHADUR KANWAR RAJ NATHAND OTHERS vs PRAMOD C. BHATT, CUSTODIAN OFEVACUEE PROPERTY. · Niyam