Supreme Court of India · 1961-03-10
BHAROO MAL AND OTHERS vs CUSTODIAN GENERAL, EVACUEE PROPERTY.
- Citation / case number
- SC 1959/99
- Court
- Supreme Court of India
- Petitioner
- BHAROO MAL AND OTHERS
- Respondent
- CUSTODIAN GENERAL, EVACUEE PROPERTY.
- Bench
- MUDHOLKAR, J.R.
Judgment text excerpt
The Supreme Court ruled that the Custodian under the Administration of Evacuee Property Act, 1950, lacks the authority to compel individuals in unauthorized possession of evacuee property to render accounts of rents and profits without following the legal remedy of a suit as prescribed under Section 10 of the Act and Rule 10 of the Administration of Evacuee Property (Central) Rules, 1950. The Court held that the Custodian's order for ejectment and account rendering was beyond his jurisdiction, thus setting aside the Custodian's directive.