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1961 Supreme(SC) 65

K.N.WANCHOO, K.SUBBA RAO, K.C.DAS GUPTA, A.K.SARKAR, P.B.GAJENDRAGADKAR
Custodian of Evacuee Property, Bangalore (in all the Appeals) – Appellant
Versus
Khan Saheb Abdul Shukoor etc. – Respondent


Advocates:
A.G.Ratnaparkhi, A.V.VISHWANATHA SASTRI, D.GUTPA, H.N.SANYAL, M.S.K.Shastri, R.Ganapathy Iyer, T.R.V.SASTRI

Judgment

WANCHOO, J. : These are four appeals on certificates granted by the Mysore High Court. They will be disposed of together as the points raised in them are common. The facts of these cases are complicated and may be mentioned in some detail. On July 7, 1949, the then State of Mysore passed The Mysore Administration of Evacuee Property (Emergency) Act, No. XLVII of 1949 (hereinafter called the first Mysore Act). It provided for the appointment of a Custodian of Evacuee Property for the State of Mysore and other officers subordinate to him for the purpose of administering evacuee property in that State. Section 2(c) defined an "evacuee" and S. 2(d) "evacuee property". Section 5 laid down that all evacuee property situate in Mysore would vest in the Custodian. Section 6 provided for a notification by the Custodian in the Mysore Gazette of evacuee property vested in him. Section 8 provided that any person claiming any right to or interest in any property notified under section 6 as evacuee property or in respect of which a demand requiring a surrender of possession had been made by the Custodian might prefer a claim to the Custodian on the ground that the property was not evacuee




























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