Supreme Court of India · 1961-01-12
RABIA BAI vs THE CUSTODIAN-GENERAL OF EVACUEEPROPERTY.
- Citation / case number
- SC 1956/144
- Court
- Supreme Court of India
- Petitioner
- RABIA BAI
- Respondent
- THE CUSTODIAN-GENERAL OF EVACUEEPROPERTY.
- Author
- GAJENDRAGADKAR, P.B.,SARKAR, A.K.,SUBBARAO, K.,WANCHOO, K.N.,MUDHOLKARR.
- Bench
- GAJENDRAGADKAR, P.B.,SARKAR, A.K.,SUBBARAO, K.,WANCHOO, K.N.,MUDHOLKAR, J.R.
Judgment text excerpt
The Supreme Court held that the sale of property by a vendor who had left for Pakistan was not executed in good faith under Section 40(4)(a) of the Administration of Evacuee Property Act, 1950. The vendor's intention to evade the impending evacuee laws, which were anticipated to be extended to Madras, constituted a lack of good faith. Consequently, the Court upheld the refusal to confirm the sale, emphasizing that actions taken to defeat the provisions of the evacuee law are deemed dishonest.