EBRAHIM ABOOBAKER AND ANOTHER versus TEK CHAND DOLWANI

EBRAHIM ABOOBAKER AND ANOTHER versus TEK CHAND DOLWANI

The Custodian-General had no jurisdiction to declare Aboobaker Abdul Rehman an evacuee and the properties left by him as evacuee property after his death, as succession by operation of law vests property in heirs and does not constitute a transfer; proceedings abate on death; the Act operates only against living persons.

Parties
Appellant/petitioner: Ebrahim Aboobaker and Another; Respondent/caveator: Tek Chand Dolwani; Respondent: Custodian-General of Evacuee Property; Respondent: U. M. Mirchandani
Jurisdiction
India
Judgment Date
10 April 1953
Procedural Posture
Civil Appeal / Judgment on Appeal (civil Appeal No. 65 of 1953, Out of Special Leave Petition No. 105 of 1952)
Outcome
Appeal allowed; order of Custodian-General set aside; no costs.
Legal Topics
Evacuee Property, Abatement of Proceedings, Jurisdiction, Fundamental Rights
Property Law Constitutional Law Evacuee Property Abatement of Proceedings Jurisdiction Fundamental Rights

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Parties

Ebrahim Aboobaker and Another

Appellant/petitioner

Tek Chand Dolwani

Respondent/caveator

Custodian-General of Evacuee Property

Respondent

U. M. Mirchandani

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal (civil Appeal No. 65 of 1953, Out of Special Leave Petition No. 105 of 1952)

Legal Issues

  1. 1 Whether a person can be declared an evacuee after his death under the Administration of Evacuee Property Act, 1950
  2. 2 Whether properties vested in heirs under Mohammedan law can be declared evacuee properties
  3. 3 Jurisdiction of the Custodian-General to continue proceedings against successors

Ratio Decidendi

The Custodian-General had no jurisdiction to declare Aboobaker Abdul Rehman an evacuee and the properties left by him as evacuee property after his death, as succession by operation of law vests property in heirs and does not constitute a transfer; proceedings abate on death; the Act operates only against living persons.

Court Disposition

Appeal allowed; order of Custodian-General set aside; no costs.

Orders

  • Custodian-General order dated 30th July, 1951 set aside
  • No orders as to costs