ABDUL HAKIM KHAN AND OTHERS versus THE REGIONAL SETTLEMENT COMMISSIONER

ABDUL HAKIM KHAN AND OTHERS versus THE REGIONAL SETTLEMENT COMMISSIONER

Where only a part of joint property has been declared evacuee property (under s.7 of Administration of Evacuee Property Act, 1950), s.11 of the Evacuee Interest (Separation) Act, 1951, does not permit vesting the entire property in the Custodian. The Competent Officer must only separate the evacuee share; vesting the whole property is illegal.

Parties
Petitioner: Abdul Hakim Khan and Others; Respondent: The Regional Settlement Commissioner; Respondent: Abdul Aziz
Jurisdiction
India
Judgment Date
22 March 1961
Procedural Posture
Petition Under Article 32 of the Constitution of India / Final Judgment
Outcome
petition allowed
Legal Topics
Evacuee Property, Separation Proceedings, Declaration and Vesting of Property, Fundamental Right to Property
Constitutional Law Property Law Evacuee Property Separation Proceedings Declaration and Vesting of Property Fundamental Right to Property

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Parties

Abdul Hakim Khan and Others

Petitioner

The Regional Settlement Commissioner

Respondent

Abdul Aziz

Respondent

Procedural Posture

Petition Under Article 32 of the Constitution of India / Final Judgment

Legal Issues

  1. 1 Legality of vesting entire joint property in Custodian under Section 11 of Evacuee Interest (Separation) Act, 1951, when only a part was declared evacuee property
  2. 2 Whether orders issued under s.7 of Administration of Evacuee Property Act, 1950, and s.11 of Evacuee Interest (Separation) Act, 1951, violate petitioners' fundamental right to property

Ratio Decidendi

Where only a part of joint property has been declared evacuee property (under s.7 of Administration of Evacuee Property Act, 1950), s.11 of the Evacuee Interest (Separation) Act, 1951, does not permit vesting the entire property in the Custodian. The Competent Officer must only separate the evacuee share; vesting the whole property is illegal.

Court Disposition

petition allowed

Orders

  • Order of March 23, 1954 set aside
  • No order as to costs