Court : Punjab and Haryana
Reported in : AIR1959P& H372
..... for consideration in this case is whether in the matter of statutory rate of interest a non-evacuee is entitled to the benefit of section 9(1) of the evacuee interest (separation) act (no. lxiv), 1951, when he is a co-mortgagor of composite property under that act? 2. it is not necessary for the consideration of this question to go ..... into any appreciable detail of the facts of the case and it will be sufficient to say, for the purposes of this order, that the two petitioners, non-evacuees ..... be based on the ground that they are co-sharers of the property with the evacuee. the mortgagee is entitled to have her interest separated from the evacuee mortgagor in so far as the mortgage concerns that mortgagor. 5. section 7 of the act deals with submission of claims and the details that are required to be stated in .....
Tag this Judgment!Court : Delhi
Reported in : 1974RLR111
..... appellate officer. (8) the relevant statutory provision is contained in rule 11 (b) of the rules framed under section 23 of the evacuee interest (separation) act of 1951. the material portion is : 115'11 b. mode of separation of interest of evacuee.- where the evacuee's share is valued at more than 'rs. 50,000.00 in the case of an industrial undertaking or rs. 15,000.00 ..... writ petition against the order of the appellate officer dated 21st april, 1964 by which he has reversed the order of the competent officer under the evacuee interest (separation) act 64 of 1951 (hereinafter referred to as the act) dated 29th february, 1964 and the appellate officer has finally ordered the transfer of the property in dispute to the displaced allottees, namely, rup narain and .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1959P& H487
..... an appropriate writ, direction or order quashing an order of the custodian and another of the appellate officer made under the evacuee interest (separation) act, no. 64 of 1951 (hereinafter to be referred as the act).2. the property in dispute admittedly belongs to shri mehar chand, pleader, phagwara, the petitioner. he mortgaged the property ..... the custodian general, delhi, on 12-8-1953.3. in 1957 the custodian moved the competent officer, kapurthala, for separation of the evacuee interest in the composite property. notice under section 6 of the act was issued. the petitioner put forth his claim, as required by section 7. it was submitted that the mortgage having ..... being the mortgagee. the petitioner submitted a claim before the competent officer, under section 7 of the act, for determination and separation of his interest in the property mortgaged with him by an evacuee.the claim was resisted by the custodian on the ground that the alleged mortgage was not valid. the competent officer .....
Tag this Judgment!Court : Delhi
Reported in : ILR1974Delhi681
..... purchasers at a sale by public auction on the 18th day of march 1958, in pursuance of the powers conferred upon me under section 10 of the evacuee interest (separation act, 1951 lxiv of 1951) and the rules made there under. given under my hand and the seal of my office this 12th day of may, ..... opposed to the provisions contained in section 11 of the evacuee interest (separation) act, 1951 hereafter called ' the act' and the provisions contained in rule 11-e framed under that act. ground no. 5 places a general reliance on the evacuee interest (separation) rules, 1951 and the indian registration act. in ground no. 6 it is stated that the ..... out of the want of compliance with any of the provisions contained in the registration act or the evacuee interest (separation) act or the rules framed there under. (12) the reliance placed on section 29 of the displaced persons (compensation and rehablitation) act, 1954 is also unmerited. that provision protects persons in 'authorised occupation' and that .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1957All561
..... and forefathers also were born in india; they were also declared to be evacuees and their shares in the property in dispute as evacuee property on 14-12-1955. on 15-2-1954, a notice under section 6 of the evacuee interest (separation) act (no. lxiv of 1951) (to be referred to as act no. lxiv) was issued by the competent officer to azizun nisa inviting her ..... claim to an interest in the noori sugar works, bhatni, the land on which it stands and a grove standing on certain plots. similar .....
Tag this Judgment!Court : Delhi
Reported in : 1995(35)DRJ158
..... an appeal was preferred urging that the dismissal was against law and not sustainable, more particularly so when there was no provision in the evacuee interest (separation) act,1951 (hereinafter called the act) directing the delivery of physical possession. respondent no.2, the appellate authority also dismissed the appeal vide order dated 30th october,1991. ..... respondents 4 to 11 to the competent officer on 8.1.1979 seeking delivery of physical possession in terms of rule 11(e)(v) of the evacuee interest (separation) rule,1955 (hereinafter called the rules). the competent authority issued show cause notice to the petitioner. the petitioner in response to the said show ..... the application of that petitioner under order 6 rule 17 of civil procedure code . in that suit plaintiff sought possession under section 6 of the specific relief act. written statement was filed and issues were struck. during the course of proceedings, that plaintiff filed an application for amendment. by that amendment he .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1959P& H230
..... he, therefore, returned the case to the custodian. against this order of the competent officer an appeal was taken to the appellate authority under the evacuee interest (separation) act, and the appellate authority held by order dated 28-4-1953 that the competent officer could decide the question himself and therefore remanded the case for ..... dealing with this complaint started some enquiries but later came to the conclusion that the matter ought to be dealtwith by the competent officer appointed under the evacuee interest (separation) act 1951, and on this view he sent the case to the competent officer. that officer, however, on considering the matter came to the conclusion that ..... that events subsequent to the impugned order make the writ petition pointless. the order made by the appellate authority was under the evacuee interest (separation) act and it amounted to a direction to the competent officer to proceed to determine the question whether the disputed properties were or were not .....
Tag this Judgment!Court : Delhi
Reported in : ILR1970Delhi681
..... the date of this notification has been transferred and the transfer is effective under section 40 of the administration of evacuee under that section; (5) any such property which is a composite property within the meaning of the evacuee interest (separation) act, 1951, (64 of 1951); (6) any such property in respect of which any proceedings are pending ..... in a civil court wherein the question at issue is whether the property is evacuee property or not; (7) any such property which at the date ..... rangarajan, j.(1) this civil writ petition raises an interesting question about the effect of the u.p. zamindari abolition act concerning what was at one time admittedly evacuee property. a few salient facts which help follow the controversy in this case may have to be noticed. (2) the property in question .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1968P& H35
..... the mortgaged land in possession of the mortgagees munsha singh and kishan singh. though shamsuddin claimed to have remained in india after the partition, proceedings under the evacuee interest (separation) act were taken by the competent officer who issued the notice exhibit d.4 to the mortgagees on 30th april, 1953. by an order passed on 29th july ..... it was said that 'this mortgage has not been disputed on behalf of the respondent. custodian, representing the mortgagor who is since an evacuee.' under section 7 of the evacuee interest (separation) act 1951, the interest of the mortgagees was assessed at rs. 825 and it was directed that the amount shall be paid to them by the custodian out ..... is not on a parity with that of the sale of mortgaged premises under the land acquisition act where the claimant is present to make good his claim. it is important to observe that the evacuee who had an interest in the mortgaged land was no longer there to press his claim and was represented by the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1987All56
..... , entire property was sold by competent officer under power conferred upon him upon section 10 of evacuee interest (separation) act, 1951 in favour of late tika ..... the lady was separated from 'composite property' defined in clause (d) of section 2 of separation act. on separation the evacuee interest vested in the custodian. on 17th september, 1956 ..... in 1954 lady fatima, wife of the chief justice claiming to be co-sharer but not being an evacuee appears to have filed a 'claim' within meaning of clause (b) of evacuee interest separation act, 1951 which was decided by competent officer in cases nos. 397 and 411 of 1954 and share of .....
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