Supreme Court of India · 1964-09-03
DEPUTY CUSTODIAN, EVACUEE PROPERTY, NEW DELHIAND OTHERS vs OFFICIAL RECEIVER OF THE ESTATE OF DAULAT RAMSURANA,DELHI
- Citation / case number
- SC 1962/71
- Court
- Supreme Court of India
- Petitioner
- DEPUTY CUSTODIAN, EVACUEE PROPERTY, NEW DELHIAND OTHERS
- Respondent
- OFFICIAL RECEIVER OF THE ESTATE OF DAULAT RAMSURANA,DELHI
- Bench
- AYYANGAR, N. RAJAGOPALA
Judgment text excerpt
The Supreme Court held that under Section 7(1) of the Administration of Evacuee Property Act (31 of 1950), the relevant date for determining whether property is evacuee property is not affected by prior vesting in the Official Receiver due to insolvency. The Court clarified that a liberal construction of the statute is necessary, focusing on the character of the property at the time of declaration. The High Court's ruling that the property could not be declared evacuee property was overturned, allowing the appeal.