M/S. HAJI ESMAIL NOOR MOHAMMAD & CO. AND ORS. vs THE COMPETENT OFFICER, LUCKNOW & ORS.

The Supreme Court held that under the U.P. Administration of Evacuee Property Ordinance, 1949, 'A' was rightly declared an evacuee as he left for Pakistan in 1948, resulting in his interest in the partnership business vesting in the Custodian. The Court ruled that no fresh declaration under Section 7 of the Administration of Evacuee Property Act, 1950 was necessary, and the partners' fundamental rights were not violated by the declaration. Additionally, the Court affirmed that the Appellate Authority, despite being appointed by the U.P. State, was not subject to the jurisdiction of the Allahabad High Court due to its office being located in Delhi.