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october 1960

Supreme Court of India · 1960-10-26

AZIMUNISSA AND OTHERS vs THE DEPUTY CUSTODIAN, EVACUEE PROPERTIES, DISTRICT DEOR

Citation / case number
SC 1958/24
Court
Supreme Court of India
Petitioner
AZIMUNISSA AND OTHERS
Respondent
THE DEPUTY CUSTODIAN, EVACUEE PROPERTIES, DISTRICT DEOR
Author
SINHA, BHUVNESHWAR P.(),KAPURL.,GAJENDRAGADKAR, P.B.,SUBBARAO, K.,WANCHOO, K.N.
Bench
SINHA, BHUVNESHWAR P.(CJ),KAPUR, J.L.,GAJENDRAGADKAR, P.B.,SUBBARAO, K.,WANCHOO, K.N.

Judgment text excerpt

The Supreme Court held that the property in question was composite property and was properly auctioned under the Evacuee Interest (Separation) Act, 1951. It ruled that K was an evacuee under Section 2(c) of the U.P. Ordinance 1 of 1949, and her property automatically vested in the Custodian under Section 5, which was continued under subsequent Central Ordinances and Acts. The Court found that Section 10(a) of the Separation Act did not violate Articles 31 and 19(1)(f) of the Constitution, thus upholding the auction process.

AZIMUNISSA AND OTHERS vs THE DEPUTY CUSTODIAN, EVACUEE PROPERTIES, DISTRICT DEOR · Niyam