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march 1961

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.

FAZAL BHAI DHALA vs CUSTODIAN-GENERAL OF EVACUEEPROPERTY, DELHI · Niyam