Supreme Court of India · 1961-05-04
JOGINDER SINGH AND OTHERS vs THE DEPUTY CUSTODIAN GENERAL OF EVACUEE PROPERTY
- Citation / case number
- SC 1958/183
- Court
- Supreme Court of India
- Petitioner
- JOGINDER SINGH AND OTHERS
- Respondent
- THE DEPUTY CUSTODIAN GENERAL OF EVACUEE PROPERTY
- Bench
- MUDHOLKAR, J.R.
Judgment text excerpt
The Supreme Court held that the Custodian General lacks the authority to cancel a quasi-permanent allotment of rural evacuee property made before July 22, 1952, as per the amended Rule 14(6) of the Administration of Evacuee Property Rules, 1950. The Court clarified that the Custodian's power under Section 10 of the Administration of Evacuee Property Act, 1950, is subject to the rules, and the Custodian General's review under Section 27 cannot exceed the powers of the Custodian. The appeal was dismissed, affirming the decision of the Punjab High Court that the cancellation of the appellants' allotment was not permissible under the law.