Supreme Court of India · 1980-03-27
DR. RAJENDRA PRAKASH SHARMA vs GYAN CHANDRA & ORS.
- Citation / case number
- SC 1979/62647
- Court
- Supreme Court of India
- Petitioner
- DR. RAJENDRA PRAKASH SHARMA
- Respondent
- GYAN CHANDRA & ORS.
- Author
- RANJIT SINGH SARKARIA
- Bench
- RANJIT SINGH SARKARIA
Judgment text excerpt
The Supreme Court addressed the jurisdiction of civil courts under Section 46 of the Administration of Evacuee Property Act, 1950, and the Displaced Persons (Compensation and Rehabilitation) Act, 1954. It held that civil courts have the authority to determine whether property was declared evacuee property under Section 7 of the 1950 Act, and that the appellant's claim to title was valid despite the respondents' assertions of ownership. The court concluded that the proceedings of the Custodian Department were illegal and without jurisdiction, thereby allowing the appellant's appeal.