HAR GOVIND versus AZIZ AHMAD & ANR.

HAR GOVIND versus AZIZ AHMAD & ANR.

The transfer in favour of the appellant was ineffective absent confirmation by the Custodian, since the vendor became an evacuee after the agreement and before performance, and statutory provisions required such confirmation even if the property was not formally declared evacuee property. The appellant was required to procure Custodian confirmation as a condition precedent under both the statute and the arbitration award; as this was not fulfilled, execution of the decree could not proceed.

Parties
Appellant: Har Govind; Respondent No. 1: Aziz Ahmad Khan; Respondents: Aziz Ahmad Khan & Another
Jurisdiction
India
Judgment Date
08 August 1969
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Judgment and Decree Dated May 2, 1961 of the Allahabad High Court in Execution First Appeal No. 10 of 1954
Outcome
Appeal dismissed
Legal Topics
Transfer of Property, Confirmation by Custodian, Execution of Decree, Evacuee Definition
Property Law Evacuee Property Transfer of Property Confirmation by Custodian Execution of Decree Evacuee Definition

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Parties

Har Govind

Appellant

Aziz Ahmad Khan

Respondent No. 1

Aziz Ahmad Khan & Another

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Judgment and Decree Dated May 2, 1961 of the Allahabad High Court in Execution First Appeal No. 10 of 1954

Legal Issues

  1. 1 Whether the transfer of property by Aziz Ahmad Khan to the appellant was valid without confirmation by the Custodian when the vendor migrated to Pakistan after the agreement but before completion.
  2. 2 Whether non-declaration of the property as evacuee property precluded the operation of statutory requirements under the Evacuee Property laws for such confirmation.
  3. 3 Whether the execution of the decree based on the arbitration award could proceed without Custodian confirmation.

Ratio Decidendi

The transfer in favour of the appellant was ineffective absent confirmation by the Custodian, since the vendor became an evacuee after the agreement and before performance, and statutory provisions required such confirmation even if the property was not formally declared evacuee property. The appellant was required to procure Custodian confirmation as a condition precedent under both the statute and the arbitration award; as this was not fulfilled, execution of the decree could not proceed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; no order as to costs.