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january 1961

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.

RABIA BAI vs THE CUSTODIAN-GENERAL OF EVACUEEPROPERTY. · Niyam