BHAROO MAL AND OTHERS versus CUSTODIAN GENERAL, EVACUEE PROPERTY

The Act and Rules do not confer power on the Custodian to order summary accounting for rents and profits from unauthorised occupants; such remedy must be pursued by suit as provided by law.

Parties: Appellant: Bharoo Mal and Others; Respondent: Custodian General, Evacuee Property
Jurisdiction: India
Judgment Date: 10 March 1961
Procedural Posture: Civil Appeals / Appeals by Special Leave From Orders Disposing of Revision Petitions
Outcome: Appeals allowed
Legal Topics: Evacuee Property, Custodian's Powers, Jurisdiction to Recover Rents and Profits, Administration of Evacuee Property Act

Property Law Evacuee Property Custodian's Powers Jurisdiction to Recover Rents and Profits Administration of Evacuee Property Act

Case Brief

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Full judgment text Legal principles 1 Authorities cited 4 Party arguments 2

Parties

Bharoo Mal and Others

Appellant

Custodian General, Evacuee Property

Respondent

Procedural Posture

Civil Appeals / Appeals by Special Leave From Orders Disposing of Revision Petitions

Legal Issues

1 Whether the Custodian has jurisdiction to order persons in unauthorised possession of evacuee property to render accounts of rents and profits without resorting to ordinary civil remedies

Ratio Decidendi

The Act and Rules do not confer power on the Custodian to order summary accounting for rents and profits from unauthorised occupants; such remedy must be pursued by suit as provided by law.

Court Disposition

Appeals allowed

Orders

The portion of the Custodian's order requiring appellants to pay rents and profits is set aside
Costs of the appeal to be borne by respondents