Supreme Court of India · 1961-03-21
FAZAL BHAI DHALA vs CUSTODIAN-GENERAL OF EVACUEEPROPERTY, DELHI
- Citation / case number
- SC 1956/41
- Court
- Supreme Court of India
- Petitioner
- FAZAL BHAI DHALA
- Respondent
- CUSTODIAN-GENERAL OF EVACUEEPROPERTY, DELHI
- Bench
- SINHA, BHUVNESHWAR P.(CJ),DAS, S.K.,SARKAR, A.K.,GUPTA, K.C. DAS,AYYANGAR, N. RAJAGOPALA
Judgment text excerpt
The Supreme Court held that the Assistant Custodian's decision to declare properties as evacuee properties was flawed due to lack of jurisdiction and failure to issue notice as required under Section 27 of the Administration of Evacuee Property Act, 1950. The Court emphasized that once the partnership was dissolved under Section 43 of the Indian Partnership Act, the properties could not be classified as evacuee properties. The Court ruled in favor of the appellant, stating that the properties should not have been declared evacuee properties without proper jurisdiction and notice.