FATIMA BI & ANR. vs DEPUTY CUSTODIAN GENERAL EVACUEE PROPERTY, NEW DELHI

The Supreme Court held that the order dated 11-1-1956 declaring the first appellant as a non-evacuee was not final and could be reopened under Section 27 of the Administration of Evacuee Property Act, 1950. The Court clarified that Section 7A does not bar the issuance of notice under Section 27, as the proceedings were pending before the cut-off date. The Court upheld the validity of the Dy. Custodian General's order dated 29-4-1964, allowing for the questioning of the earlier order on grounds of fraud, and ruled that certiorari would not lie in this case.