MD. SHARFUDDIN versus R. P. SINGH AND OTHERS.

MD. SHARFUDDIN versus R. P. SINGH AND OTHERS.

The Assistant Custodian, Headquarters, Patna, is not a 'person aggrieved' within the meaning of s. 24 of the Administration of Evacuee Property Act, 1950, and is therefore not competent to prefer an appeal against the order of another Assistant Custodian under that section.

Parties
Appellant: Md. Sharfuddin; Respondents: R. P. Singh and Others
Jurisdiction
India
Judgment Date
10 March 1961
Procedural Posture
Civil Appeal / Appeal by Special Leave From Judgment and Decree of Patna High Court
Outcome
Appeal allowed.
Legal Topics
Evacuee Property, Right of Appeal, Person Aggrieved, Revision
Property Law Administrative Law Evacuee Property Right of Appeal Person Aggrieved Revision

Case Brief

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Parties

Md. Sharfuddin

Appellant

R. P. Singh and Others

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From Judgment and Decree of Patna High Court

Legal Issues

  1. 1 Whether the Assistant Custodian, Headquarters, is a 'person aggrieved' entitled to appeal under s. 24(1)(a) of the Administration of Evacuee Property Act, 1950, against the order of another Assistant Custodian holding property not to be evacuee property.
  2. 2 Whether the appeal filed by the Assistant Custodian, Headquarters, before the Custodian was competent.

Ratio Decidendi

The Assistant Custodian, Headquarters, Patna, is not a 'person aggrieved' within the meaning of s. 24 of the Administration of Evacuee Property Act, 1950, and is therefore not competent to prefer an appeal against the order of another Assistant Custodian under that section.

Court Disposition

Appeal allowed.

Orders

  • Order of the High Court is set aside.
  • A writ of certiorari shall issue quashing the order of the Custodian of Evacuee Property, Bihar, dated April 26, 1954, setting aside the order of the Assistant Custodian, Giridih, releasing holdings Nos. 326, 774 and 654, Giridih.