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.