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october 2005

Supreme Court of India · 2005-10-21

Union Of India & Another vs Raja Mohammed Amir Mohammad Khan

Citation / case number
AIR 2005 SUPREME COURT 4383
Court
Supreme Court of India
Petitioner
Union Of India & Another
Respondent
Raja Mohammed Amir Mohammad Khan
Bench
Ashok Bhan, Altamas Kabir

Judgment text excerpt

The Supreme Court upheld the High Court's decision allowing the writ petition filed by Raja Mohammed Amir Mohammad Khan, asserting that the property of his deceased father, a former Pakistani national, should not continue to vest with the Custodian of Enemy Property after his death. The Court interpreted the Enemy Property Act, 1968, and the Defence of India Rules, 1962, emphasizing that the respondent, as an Indian citizen and sole heir under Section 22 of the Oudh Estates Act, 1869, was entitled to the property. The Court affirmed the High Court's directive for the return of the property to the respondent, thereby reinforcing the rights of legal heirs over enemy property.

Union Of India & Another vs Raja Mohammed Amir Mohammad Khan · Niyam