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march 1961

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.

BHAROO MAL AND OTHERS vs CUSTODIAN GENERAL, EVACUEE PROPERTY. · Niyam