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1964 Supreme(SC) 210

J. C. SHAH, N. RAJAGOPALA AYYANGAR, P. B. GAJENDRAGADKAR
Deputy Custodian, Evacuee Property, New Delhi – Appellant
Versus
Official Receiver Of The Estate Of Daulat Ram Surana, Delhi – Respondent


Advocates:
B.C.MISHRA, B.R.G.K.Achar, G.S.PATHAK, R.Ganapathy Iyer

Judgment

GAJENDRAGADKAR, C.J.I. : What is the relevant date by reference to which the character of the property has to be determined in issuing a notification of evacuee property under section 7(1) of the Administration of Evacuee Property Act, 1950 (No. 31 of 1950) (hereinafter called the Act) - that is the short question which arises in this appeal. The decision of this question lies within a very narrow compass, because it has to be found on a reasonable construction of the material words used in S. 7(1) itself; but the determination of the scope and effect of these material words presents a somewhat difficult problem of construction and it has to be resolved after reading the said provision in the light of other relevant circumstances.

2. An Indian citizen named Daulat Ram Surana was carrying on business, at Delhi as a Jeweller in the name of Sardar Singh Daulat Ram. He had a Muslim mistress and it appeals that by reason of his affection for the said mistress he migrated to Pakistan in the first week of February, 1950. He was possessed of extensive properties, both movable and immovable, but apparently, he was involved in financial difficulties about that time, and so, before he



















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