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1997 Supreme(SC) 1098

S.B.MAJMUDAR, S.SAGHIR AHMAD
Behari Kunj Sahkari Awas Samiti – Appellant
Versus
State Of U. P. – Respondent


JUDGMENT

S.B. Majmudar, J.-Leave granted.

By consent of learned advocates, all these appeals are heard finally. Short question involved in these appeals is indicated by order dated 04th October 1996 while issuing notice in the main S.L.P. The order reads as under :

"Application for substitution allowed.

Issue notice limited to the question of the interpretation of Section 27 read with Section 55 of the Administration of Evacuee Property Act, 1950, returnable on December 6, 1996 indicating that the matters may be finally disposed of on the miscellaneous stage itself.

No stay."

Consequently, we will be concerned only with this short question. Few relevant facts leading to these appeals deserve to be noted to appreciate the nature of the controversy posed for our consideration.

2. By an order dated 11th November, 1982, the Custodian of Evacuee Property, U.P. functioning under the provisions of Administration of Evacuee Property Act, 1950 (hereinafter referred to as the Act ) ordered that Kothi No. 183, Civil Lines, Agra be transferred in favour of Shri Harnath Chaturvedi, son of Shri Kanhaiya Lal at auction price of Rs. 61,000/-. That order was submitted to the Assistant Custodian General

















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