GORKHA RAM AND OTHERS vs THE CUSTODIAN GENERAL OFINDIA, DELHI

The Supreme Court held that Section 18(1) of the Administration of Evacuee Property Act, 1950, pertains to tenants' rights and does not apply to non-proprietors under the village wajib-ul-arz. The Court found that the non-proprietor's rights did not constitute tenancy, and thus, upon migration to Pakistan, the house reverted to the proprietors rather than vesting in the Custodian. The appeal was allowed, overturning the High Court's decision that had dismissed the appellants' claim.