ASSTT. CUSTODIAN, E.P. & ORS. vs BRIJ KISHORE AGARWALA & ORS.

The Supreme Court held that the seller of the disputed property was an 'evacuee' under Section 2(c)(ii) of the U.P. Administration of Evacuee Property Ordinance, 1949, as she was a resident of Pakistan and unable to manage her property in India. The Court clarified that the inquiry made by the buyer regarding the evacuee status did not alter this classification. Consequently, the amount paid by the buyer could not be considered evacuee property and must be held in trust for the buyer, affirming the Division Bench's decision.