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.