RAJA BHANUPRATAP SINGH versus ASSISTANT CUSTODIAN EVACUEE PROPERTY U.P.

RAJA BHANUPRATAP SINGH versus ASSISTANT CUSTODIAN EVACUEE PROPERTY U.P.

The powers of the Custodian under Section 10(1) and Section 10(2)(n) of the Administration of Evacuee Property Act, 1950 include the power and duty to pay such debts that, in his opinion, are binding upon the evacuee. The words 'any other person' in Section 10(2)(n) include persons entitled to receive money from the...

Source-derived case information.

Parties
Appellant: Raja Bhanupratap Singh; Respondent: Assistant Custodian Evacuee Property U.P.
Jurisdiction
India
Judgment Date
29 July 1965
Procedural Posture
Civil Appeal / Appeal From Judgment and Order of Deputy Custodian General Dated January 22, 1962
Outcome
Appeal allowed
Legal Topics
Administration of Evacuee Property, Execution of Decrees, Custodian's Powers and Duties
Property Law Administration of Evacuee Property Execution of Decrees Custodian's Powers and Duties

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Parties

Raja Bhanupratap Singh

Appellant

Assistant Custodian Evacuee Property U.P.

Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment and Order of Deputy Custodian General Dated January 22, 1962

Legal Issues

  1. 1 Whether the Custodian is entitled to entertain a claim of a money decree holder against an evacuee for satisfaction of his dues out of the assets vested in the Custodian
  2. 2 Scope of power to pay debts under sections 10(1), 10(2)(m), and 10(2)(n) of the Administration of Evacuee Property Act, 1950

Ratio Decidendi

The powers of the Custodian under Section 10(1) and Section 10(2)(n) of the Administration of Evacuee Property Act, 1950 include the power and duty to pay such debts that, in his opinion, are binding upon the evacuee. The words 'any other person' in Section 10(2)(n) include persons entitled to receive money from the evacuee, not limited to family members. The deletion of Section 10(2)(m) and Rule 22 does not affect this power. The Custodian must judicially determine the entitlement of a claimant.

Court Disposition

Appeal allowed

Orders

  • Orders passed by the Custodian and the Custodian General are set aside.
  • Proceeding remanded to the Custodian to determine the questions whether, in the opinion of the Custodian, the appellant is entitled to any sum out of funds possessed for purposes of administration and management, and whether the claimed amount should be paid.