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PETITIONER: EBRAHIM ABOOBAKER AND ANOTHER
Vs.
RESPONDENT: TEKCHAND DOLWANIEBRAHIM ABOOBAKER AND ANOTHERV.CUSTODIAN-GEN
DATE OF JUDGMENT: 10/04/1953
BENCH: HASAN, GHULAM BENCH: HASAN, GHULAM SASTRI, M. PATANJALI (CJ) MUKHERJEA, B.K. DAS, SUDHI RANJAN BHAGWATI, NATWARLAL H.
CITATION: 1953 AIR 298 1953 SCR 691 CITATOR INFO : RF 1961 SC1391 (14) E 1965 SC 951 (10) R 1967 SC 106 (4) RF 1974 SC2325 (7)
ACT: Administration of Evacuee Property Act (XXXI of 1950), ss. 2(d) and (f), 7-Proceedings for declaring a person an evacuee and his properties evacuee properties-Death of person pending proceedings-Abatement of Proceedings- Continuation of proceedings against successors-Legality.
HEADNOTE: Where a Mohammedan against whom proceedings are commenced under the Administration of Evacuee Property Act, 1950, for declaring him an evacuee and his properties evacuee properties dies during the pendency of the proceedings he cannot be declared an evacuee after his death, and his properties which on his death vest in his heirs under the Mohammedan law -cannot be declared evacuee properties.
JUDGMENT: CIVIL APPELLATE JURISDICTION: Civil Appeal No. 65 of 1953. Appeal by special leave granted by the Supreme Court on 13th March, 1953, from the Judgment and Order dated the 30th July, 1951,. of the Custodian General of ...