Created byFuzzy Cloud

Legislation

Administration of Evacuee Property Act, 1950

20 Supreme Court judgments cite this Act.

HANS RAJ BANGAversusRAM CHANDER AGGARWAL

2005 INSC 24229 April 2005Appeal(s) allowed

The Ministry of Rehabilitation constructed a market shop that formed part of the compensation pool under the Displaced Persons (Compensation and Rehabilitation) Act, 1954 and was sold by tender to Hans Raj Banga. The predecessor‑in‑interest, Bhagwan Das, a squatter and not a displaced person, failed to bid and did not

NASIR AHMEDversusASSISTANT CUSTODIAN GENERAL, EVACUEE PROPERTY U.P., LUCKNOW AND ANOTHER

1980 INSC 5828 March 1980Appeal(s) allowed

Nasir Ahmed challenged a notice issued under section 7 of the Administration of Evacuee Property Act, 1950, which declared him and his deceased brother evacuees. The notice, dated 11 March 1954, alleged they were evacuees under clause (iii) of section 2(d) but the subsequent declaration also invoked clauses (i) and (ii

DR. RAJENDRA PRAKASH SHARMAversusGYAN CHANDRA & ORS.

1980 INSC 5527 March 1980Dismissed

Dr. Rajendra Prakash Sharma claimed title to a house he purchased under the Displaced Persons (Compensation and Rehabilitation) Act, 1954, asserting that it had been declared evacuee property and that the sale was valid. The respondents argued that no declaration under Section 7 of the Administration of Evacuee Propert

BEHARI KUNJ SAHKARI AVAS SAMITIversusSTATE OF U.P. & ORS.

2008 INSC 86825 July 2008Dismissed

The dispute concerned a four‑bigha property in Agra that became evacuee property after the owner migrated to Pakistan and vested in the Custodian of Evacuee Property. The land was auctioned in 1955 under the Displaced Persons (Compensation and Rehabilitation) Act, 1955 and allotted to a displaced person, Tuljaram. Subs

HAFIZ WASHI AHMEDversusKUTUBUDDIN AND ORS.

1996 INSC 109924 September 1996Appeal(s) allowed

Hafiz Washi Ahmed filed a suit for injunction to protect his possession of a portion of land and a structure, claiming exclusive title based on an alleged gift, while the land was partly declared evacuee property. The trial court held that the factual question of whether the disputed portion was part of the evacuee pro

RAMESH PARSRAM MALANI & ORSversusTHE STATE OF TELANGANA & ORS.

2019 INSC 117822 October 2019Dismissed

The appellant, whose father was a displaced person from Sindh, claimed the balance of his verified land claim (43.7 standard acres) after having received an initial allotment of 40.4 acres. The Chief Commissioner of Land Administration (CCLA) allotted 19.26 acres in 2003, but the High Court held the CCLA lacked authori

ABDUL QADIRversusMANAGING OFFICER CUM ASSIT. CUSTODIAN OF EVACUEE PROPERTY, JAIPUR & ORS.

1979 INSC 21622 October 1979Dismissed

Abdul Qadir bought a house in 1948, which was later declared evacuee property in 1951 despite neither he nor the seller being evacuees. He applied under Section 16 of the Administration of Evacuee Property Act, 1950 and obtained a restoration certificate on 27‑10‑1956, issued under the pre‑amendment procedure. The Assi

HAJI SIDDIK HAJI UMAR & OTHERSversusUNION OF INDIA

1983 INSC 418 January 1983Dismissed

The plaintiffs, heirs of Haji Umar Kasam, claimed that his properties in Junagadh were not evacuee property and that the Custodian’s taking over of them was illegal. The Union of India argued that the properties had become evacuee property under the Junagadh Act and subsequent statutes, and that sections 28 and 46 of t

AJMER SINGH AND ORS. ETC.versusSTATE OF HARYANA AND ORS.

1989 INSC 35317 November 1989Dismissed

The Supreme Court examined appeals by tenants (appellants) against land‑owners (respondents) concerning the Punjab Security of Land Tenures Act, 1953. The land‑owners, heirs of an evacuee, had been allotted land and sought eviction of tenants, claiming they were "small land‑owners" whose holdings were below the permiss

MAHENDRA PRATAP DUBEYversusMANAGING OFFICER, EVACUEE PROPERTY & ORS.

2018 INSC 106416 November 2018Dismissed

The appellant claimed title to a suit property through respondent No.4, alleging that a sale certificate issued by the Custodian of Evacuee Property under the 1950 Act was genuine, while respondent No.3 had obtained a sale certificate from the Managing Officer under the Displaced Persons (Compensation and Rehabilitatio

BEHARI KUNJ SAHKARI AWAS SAMITI AND ANR.versusSTATE OF U.P. AND ORS.

1997 INSC 61014 August 1997Appeal(s) allowed

The Custodian of Evacuee Property, U.P. ordered the transfer of a property to Harnath Chaturvedi on 11 November 1982, and the order was approved by the Assistant Custodian General, a delegate of the Custodian General under Section 55 of the Administration of Evacuee Property Act, 1950. The State of U.P. filed a revisio

J.R. JANI AND ORS.versusAHMED EBRAHIM OF RANGOON

1996 INSC 25014 February 1996Appeal(s) allowed

The case concerned a claim by Ahmed Ebrahim, a Burmese citizen, that he had purchased six lakh shares of Khatiawad Industries Ltd., a company declared an evacuee property in 1959, and that the declaration was illegal because notice under Section 7 read with Rule 6 of the Administration of Evacuee Property Act, 1950, ha

GRAM PANCHAYAT, VILLAGE KUM KALANversusSTATE OF PUNJAB & ORS.

2008 INSC 16911 February 2008Case Allowed

The Gram Panchayat of Village Kum Kalan challenged a 1995 amendment (Amendment Act No. 8) to the Punjab Village Common Lands (Regulation) Act, 1961, which retrospectively validated land transfers that had been invalidated by a Supreme Court judgment in Gram Panchayat of Village Jamalpur v. Malwinder Singh. The amendmen

PREM NATH AND ORS. ETC.versusFINANCIAL COMMISSIONER AND ORS. ETC.

1994 INSC 6110 February 1994

The case concerned land in Delhi that was originally evacuee property and was allotted in 1970 to Prem Nath, who later sold it to another party. Tenants of the land claimed that, upon allotment, the allottee became a Bhumidhar under the Delhi Land Reforms Act (DLRA) and that they thereby acquired Bhumidhari rights, ren

GRAM PANCHAYAT OF VILLAGE, JAMALPURversusMALWINDER SINGH & ORS.

1985 INSC 1509 July 1985Appeal(s) allowed

The case concerned a dispute between Gram Panchayats and the Central Government over the vesting of Shamlat‑deh (village common) lands after the 1947 partition. The Punjab Village Common Lands (Regulation) Act, 1953 vested such lands in the village panchayats, while the Administration of Evacuee Property Act, 1950 vest

JASWANT SINGH & ANRversusTHE CUSTODIAN OF EVACUEE PROPERTY, NEW DELHI

1985 INSC 1257 May 1985Dismissed

Two brothers sold a half‑interest in their ice factory to Saghir Ahmed, who later became an evacuee. After a decree for the balance of consideration, Ahmed's properties were attached and sold in execution; Jaswant Singh, a decree‑holder, purchased them. The Custodian of Evacuee Property sought to set aside the sale und

STATE OF PUNJAB AND ANR.versusGRAM PANCHAYAT AND ORS.

2002 INSC 1256 March 2002Dismissed

The State of Punjab sought possession of a parcel of land on the basis that it had vested in the Gram Panchayat and was mutated in its name under the Punjab Village Common Lands (Regulation) Act, 1961. The appellants (Nos. 2 and 3) claimed that the land had been allotted to them earlier, on which they had invested heav

SHANKARA CO-OP HOUSING SOCIETY LTD.versusM. PRABHAKAR & ORS.

2011 INSC 3595 May 2011Appeal(s) allowed

The dispute concerned about 90 acres of land in Andhra Pradesh that had been declared evacuee property under the Administration of Evacuee Property Act, 1950 by a notification dated 11‑12‑1952 and later acquired by the Central Government under Section 12 of the Displaced Persons (Compensation and Rehabilitation) Act, 1

LT. GOVERNOR OF DELHI & ORS.versusMATWAL CHAND (D) THR. LRS.

2015 INSC 6384 September 2015Appeal(s) allowed

The subject land was originally evacuee property that was acquired by the Central Government under Section 12 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 and placed in the compensation pool. It was subsequently auctioned to the respondents, who obtained provisional possession and later a sale c

TAR MOHAMMED AND ORS. ETC. ETC.versusUNION OF INDIA AND ORS. ETC.

1997 INSC 3441 April 1997Dismissed

The appellants claimed tenancy rights over a 689.28‑acre partnership property that had been declared evacuee property after one partner migrated to Pakistan. They argued that, under Section 12(2) of the Displaced Persons (Compensation and Rehabilitation) Act, 1954, a tenancy existing before 14 August 1947 could not be

Search Indian case law

Ask in plain English, not just keywords. 25,000 AI words free, no card.

Search by issue, statute, judge or citationSign in to search