ABDUL HAKIM KHAN AND OTHERS vs THE REGIONAL SETTLEMENTCOMMISSIONER

The Supreme Court ruled that the order vesting the entire property in the Custodian under Section 11 of the Evacuee Interest (Separation) Act, 1951 was illegal, as the share of the evacuees had already been determined as 4/7ths. The Court clarified that Section 11 only applies when the whole property is declared evacuee property, and in this case, the Competent Officer was required to separate the evacuees' share rather than vest the entire property. The petitioners' fundamental right to hold property was upheld, and the earlier orders were declared invalid.