Court : Punjab and Haryana
Reported in : (1996)112PLR376
..... , these two authorities have also no applicability. the decision in union of india v. lachhi ram etc., 1972 c.l.j. 934 deals with the evacuee interest (separation) act, 1951 wherein it has been held that as per section 20 any claim to composite property has to be decided by the competent officer and not by ..... questions exclusively fell within the scope and ambit of the custodian and the jurisdiction of the civil court is barred under section 46 of the administration of evacuee act, 1950'. resultantly, the finding of the trial court was reversed. since the court came to the conclusion that the civil court has got no ..... evacuee property act. since the plot is an evacuee property the municipal committee has got no jurisdiction to transfer the same and so the alienation in favour of the plaintiff is illegal and void abinitio. it was further alleged that the matter was decided by tehsildar (sales) and so on these grounds the suit is liable to be dismissed. municipal committee in a separate .....
Tag this Judgment!Court : Gujarat
Reported in : 2008GLH(1)22; (2008)1GLR483
..... .b. trivedi, learned advocate general has submitted that he will make proposal to the central government for appointment of the competent officer as the competent authority under section 4^~evacuee interest separation act 1951~^ of the evacuee interest (separation) act, 1951 for approval of the central government and thereafter, we have been told that proposal as stated by learned advocate general has already been forwarded by the state ..... also overriding effect and jurisdiction of civil court is barred in certain cases. for ready reference section 3^~evacuee interest separation act 1951~^ & 20^~evacuee interest separation act 1951~^ are quoted as under:section 3. act to overriding other laws - save as otherwise expressly provided in this act, the provisions of this act and of the rules and orders made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any .....
Tag this Judgment!Court : Allahabad
Reported in : 2010(2)AWC1942
..... -tenant of the land with abu zafar. shri abu zafar migrated to pakistan and his half share was declared as evacuee property. smt. masoom banoo applied for the separation of her interest in the composite property. the competent authority under evacuee interests (separation) act, 1951 decided to separate the evacuee interest and to execute a sale deed in her favour. the custodian appears to have executed a sale deed of ..... had migrated to pakistan and two remained in india. there was no partition between the five brothers and thus until the shares of the three brothers were separated under the evacuee interests (separation) act, 1951, the declaration of evacuee property and the consequent sale was illegal and inoperative. a composite property could not be acquired by the central government under section 21 of the displaced persons .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1961Guj85; (1961)GLR181
..... is necessary under section 80, civil pro. code to defendant no. 1, who is the competent officer under the evacuee interest (separation) act, 1951, and to defendant no. 2, who is the custodian of evacuee property. admittedly, these two defendants are public officers and there is no dispute is regards this point. section 80, ..... between the parties that there were proceedings before the custodian of evacuee property in respect of the property of the deceased and also before the competent officer under the evacuee interest (separation) act, 1951. in fact, the judgment of the appellate officer under the evacuee (interest) act of 1951 has been produced and referred to by the learned ..... was obtained, that the court had no jurisdiction under the provisions of section 46 of the evacuee property act, and that the court also had no jurisdiction in view of the provisions of section 20 of the evacuee interest (separation) act. respondents nos. 1 and 2 contended that the suit is bad as notice required by .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR2005P& H94; (2004)138PLR803
..... mortgage has not acquired the age of 60 years when the evacuee separation act came into force. the provisions of evacuee separation act override those of indian limitation act. it was held to the following effect by this court:the evacuee interest (separation) act came into force in the year 1951. admittedly the mortgage had ..... custodian under section 4 of the east punjab administration evacuee property act,1947 (hereinafter referred to evacuee local act). the said land automatically vested in custodian free from all encumbrances under section 9(2) of evacuee interest (separation) act, 1951 (hereinafter referred as evacuee (separation act) as the period of 20 years from the date ..... extinguished. such anomalous result is required to be avoid while interpreting the statutory provisions. therefore, the provisions of evacuee interest (separation) act 1951 would be applicable in respect of an evacuee interest in a mortgage after 1.3.1947 as well.21. therefore, no fault can be found with the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1962MP38; 1962MPLJ53
..... could be taken into account in determining its valuation. as it exceeded rs. 2,000/- appeal did not lie to him. notice thereafter was issued under section 6 of the evacuee interest (separation) act of 1951 by the competent officer and as the petitioners did not prefer any claim in respect of the said property, the entire property including the petitioners ..... this purpose that the words 'purports to have vested have been introduced in the amended provision, contained in section 8(2-a) of the administration of evacuee property act. 8. the evacuee interest (separation) act of 1951 will not have the effect of converting a property which could not be evacuee property into a composite property by reason of its own operation apart from the provisions of .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1960P& H312
..... redemption. then on 31-10-1951, before the vendor could make the application suggested by the deputy commissioner, the evacuee interest (separation) act, 1951, came into force. the vendor, risaldar major amar singh, applied for the separation of his interest before the competent officer appointed under the act. the competent officer on 24-7-1954 ordered that the land be redeemed on amar singh deposition rs. 500 ..... went on to observe that amar singh could not redeem the land, because by the repeal of the punjab alienation of land act the sale in favour of shera had become absolute and as shera was an evacuee, his total interest vested in the custodian. he thereupon dismissed amar singh's application for redemption. amar singh came to this court with an application .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1961P& H470
..... by the petitioners in which in addition to the two points raised before the competent officer, the validity of the evacuee interest (separation) act was questioned. the question of the vires of the evacuee interest (separation) act, 1951, was settled by a division bench of this court (fal-shaw and chopra jj.), who by their judgment ..... in dispute is not evacuee property.7. having held that the property is evacuee, there can be no doubt about the applicability of the evacuee interest (separation) act, which deals with the separation of evacuee from other interests in a composite property. section 3 of the evacuee interest (separation) act says that the provisions of the act will override the operation ..... that because the mortgage had been subsisting for more than 60 years, it stood extinguished under sub-section (2) of section 9 of the evacuee interest (separation) act. as regards the latter mortgage executed by dulla on 9th of june, 1947, the claim of the petitioners was assessed at rs. 788/-. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2003SC4672; 2004(5)ALLMR(SC)79; 2004(1)AWC414(SC); 107(2003)DLT646(SC); JT2003(9)SC497; (2004)1MLJ102(SC); 2003(8)SCALE489; (2003)10SCC321; (2004)1UPLBEC648
..... notification did not put an end to rights which were pre-existing. he submitted that the rights of the respondents continued to exist until there was a separation of interest under section 10 of the evacuee interest (separation) act, 1951 on 16th may, 1968. in support of this preposition he relied upon the case of state of punjab v. suraj parkash kapur : [1962]2scr711 , wherein the ..... persons in village pul pehlad, the interests of evacuee and non-evacuee were composited under the evacuee interest (separation) act, 1951. in the year 1950-51, hamdard dawakhana (wakf), delhi purchased the said land and thus the interest of non-evacuee and evacuee were composted. thus, the said land was initially being a composite evacuee property under the evacuee interest (separation) act and when the displaced persons (rehabilitation & compensation) act, 1954, by the govt. of india .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(4)BomCR799; (2007)109BOMLR677; 2007(119)ECC403; 2007LC403(Bombay)
..... appeal filed by the appellants before the appellate officer the location of his office was described thus:in the court of the appellate officer, under the evacuee interest (separation) act, 1951. ministry of rehabilitation, government of india, dilaram place, mussoorie.in the order of the appellate officer, the said officer is described thus:shri ..... cannot ignore the express provision contained in the constitution, however, that may be a reason for making a suitable constitutional amendment in article 226. 40. an interesting question of doctrine of merger arose in collector of customs v. east india commercial co. : [1963]2scr563 . there, an order of confiscation was passed ..... appellate authority was beyond the territorial jurisdiction of the high court, no writ could be issued even to the original authority. (see azamat ullah v. custodian, evacuee property : air1955all435 ). 45. speaking for the court, wanchoo, j. (as he then was) observed:the question therefore turns on whether the order of .....
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