MAJOR GOPAL SINGH AND OTHERS versus CUSTODIAN, EVACUEE PROPERTY, PUNJAB

MAJOR GOPAL SINGH AND OTHERS versus CUSTODIAN, EVACUEE PROPERTY, PUNJAB

After the enactment of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 and the issue of the relevant notification, the Custodian General ceased to have power to cancel allotments as such property vests absolutely in the Central Government and only managing officers or corporations under the Act can exercise cancellation powers.

Parties
Appellants: Major Gopal Singh and Others; Respondent No. 1: Custodian, Evacuee Property, Punjab; Respondents Nos. 2 4: N. S. Bindra and A. G. Ratnaparkhi
Jurisdiction
India
Judgment Date
15 March 1961
Procedural Posture
Civil Appeal / Appeal by Special Leave
Outcome
Appeal dismissed
Legal Topics
Evacuee Property, Quasi Permanent Allotment, Displaced Persons Compensation and Rehabilitation, Cancellation of Allotment, Powers of Custodian General
Property Law Evacuee Property Quasi Permanent Allotment Displaced Persons Compensation and Rehabilitation Cancellation of Allotment Powers of Custodian General

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Parties

Major Gopal Singh and Others

Appellants

Custodian, Evacuee Property, Punjab

Respondent No. 1

N. S. Bindra and A. G. Ratnaparkhi

Respondents Nos. 2 4

Procedural Posture

Civil Appeal / Appeal by Special Leave

Legal Issues

  1. 1 Whether the Custodian General had power to cancel allotment after the enactment of the Displaced Persons (Compensation and Rehabilitation) Act, 1954
  2. 2 Whether appellants were entitled to protection under section 10 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954

Ratio Decidendi

After the enactment of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 and the issue of the relevant notification, the Custodian General ceased to have power to cancel allotments as such property vests absolutely in the Central Government and only managing officers or corporations under the Act can exercise cancellation powers.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs