CUSTODIAN OF EVACUEE PROPERTY vs SMT. RABIA BAI

The Supreme Court interpreted Section 40(4)(a) of the Administration of Evacuee Property Act, 1950, clarifying that a transfer of evacuee property requires confirmation by the Custodian, and if rejected due to lack of good faith by the transferor, the transferee is entitled to a refund of the sale consideration. The Court upheld the High Court's ruling that the Custodian has a statutory obligation to refund the sale price when the sale is not confirmed due to the transferor's lack of bona fides. The Court concluded that the deletion of Rule 22 does not negate the Custodian's duty to refund the amount paid by the respondent.