The Custodian by order dated June 6, 1949, allowed the claim and released the said properties.
There, unlike here, an application made to the Additional Custodian of Evacuee Property on March 20, 1948, was number disposed of until March 20, 1952 that is, till after the Act of 1950 came into force.
XIII of Samvat 2006 hereinafter referred to as Ordinance No.
XVII of 2006 hereinafter referred to as Ordinance No.
On April 2, 1957, the Additional Custodian submitted the case to the Custodian General of Evacuee Property to enable him to take action suo motu under s. 27 of the Act.
XXVII of 1949, under which for the first time the office of Custodian General was created.
XIII of 2006 which was in its turn repealed by the Patiala and East Punjab State Union Ordinance No.
XXXI of 1950 .
Appeal by special leave from the judgment and order dated the February 1, 1958, of the Deputy Custodian General, Evacuee Property, New Delhi, in No.
6,000.
On December 24, 1955, i.e., more than six years after the order of the Custodian, the Litigation Inspector of Evacuee Properties filed an application before the Custodian of Evacuee Property, Patiala, for review of the order of the Custodian dated June 6, 1949.
On October 18, 1949, Ordinance No.
This order was companymunicated to the Assistant Custodian on June 7, 1949, and pursuant to that order the said houses were released.
This Central Ordinance was replaced by the Administration of Evacuee Property Act No.
On January 27, 1949, Dafedar Niranjan Singh filed a claim petition before the said Custodian alleging that the said properties belonged to him by inheritance.
On June 21, 1949, Ordinance IX of 2004 was repealed by the Patiala and East Punjab States Union Ordinance No.
The said Act was amended from time to time.
Achhru Ram and M. L. Kapur, for the appellants.
During the pendency of that application, the powers of the Custodian and the Additional Custodian of Evacuee Property of review and revision under s. 26 of the Act were taken away by the Administration of Evacuee Property Amendment Act XCI of 1956.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Nothing turns upon the said amendments in the present appeal.
66 of 1959.
1017 R Judl Punj.
On February 1, 1958, after hearing the parties, the Deputy Custodian General, set aside the order of the Custodian dated June 6, 1949, and remanded the case to the Custodian for further enquiry.
The Judgment of the Court was delivered by SUBBA RAO, J. This is an appeal by special leave against the order of the Deputy Custodian General of Evacuee Property, India, dated February 1, 1958, setting aside the order dated June 6, 1949, passed by the Custodian of Evacuee Property, Patiala, and remanding the case for enquiry.
IX of 2004 hereinafter referred to as Ordinance IX of 2004 , on the ground that they were evacuee properties.
One Dafedar Niranjan Singh, the first appellant herein, owned houses Nos.
On June 9, 1955, the first appellant sold a part of the said properties to Major Bhagwant Singh, the second appellant herein, for Rs.
The present appeal by special leave was directed against the said order.
The Additional Custodian made the order in that application on March 20, 1952.
XVII of 2006 was also repealed by Central Ordinance No.
March 8.
During the latter part of 1948, the Custodian of Evacuee Property, Patiala, took possession of the said houses under the provisions of the Patiala Evacuees Administration of Property Ordinance of Samvat 2004 No.
S. Bindra and T. M. Sen, for the, respondents.
On May 24, 1957, the Deputy Custodian General, to whom the powers of the Custodian General in that behalf had been delegated, issued numberice to the appellants to show cause why the order of the Custodian of Evacuee Property, Patiala, dated June 6, 1949, be number revised.
915 and 916 situate in the town of Patiala.
