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INAYAT ULLAH v. THE CUSTODIAN,EVACUEE PROPERTY

Supreme Court of India | Diary 95/1956

Status

Judgment

Decided On

1957-10-30

Bench

IMAM, SYED JAFFER

Petitioner

INAYAT ULLAH

Respondent

THE CUSTODIAN,EVACUEE PROPERTY

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Full Judgment Text

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PETITIONER: INAYAT ULLAH

Vs.

RESPONDENT: THE CUSTODIAN,EVACUEE PROPERTY

DATE OF JUDGMENT: 30/10/1957

BENCH: IMAM, SYED JAFFER BENCH: IMAM, SYED JAFFER BHAGWATI, NATWARLAL H. GAJENDRAGADKAR, P.B.

CITATION: 1958 AIR 160 1958 SCR 816

ACT: Evacuee property, Notification of-Issue of notice by Custodian on person interested-Propriety, if can be determined by Court-Refusal of copies of materials by Custodian-Legality-Administration of Evacuee property Act, 1950 (XXXI of 1950), s. 7.

HEADNOTE: The appellant and his brother owned certain properties inherited from their father. The brother died and the appellant claimed to have become the sole heir. The respondent issued a notice under S. 7 of the Administration of Evacuee Property Act, 1950, in respect of the share of the brother on the ground that the brother had left a widow and a son who had migrated to Pakistan. The appellant, desiring to know on what materials the notice was issued, applied for copies of the materials on the basis of which he respondent had formed his opinion. The application was rejected by the respondent. The appellant filed a petition under Art. 226 of the Constitution in the High Court which was also dismissed. The appellant obt...

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