BHANWAR LAL AND ANR. vs REGIONAL SETTLEMENT COMMISSIONER, JAIPUR, CUM-CUSTODIAN

The Supreme Court ruled that the notice issued under Section 7(1) of the Administration of Evacuee Property Act, 1950, to the deceased predecessors of the appellants was ineffective as they had died prior to the notice. The Court held that the Custodian's opinion on property becoming evacuee property could be based on available information, and he was not required to conduct a general inquiry. The order declaring the property as evacuee did not affect the appellants' rights as mortgagees, as their interests remained intact until proper separation action was taken under the Evacuee Interest (Separation) Act.