They will be disposed of together as the.
The Judgment of the Court was delivered by WANCHOO, J. These are four appeals on certificates granted by the Mysore High Court.
This was made retrospective from the date from which the Act came into force namely, April 17, 1950 and so the repeal of evacuee property laws which were in force in those States to which the Act applied which was implicit in it was made explicit from December 7, 1950, so that frum April 17, 1950, only the Act held the field.
This was followed by two appeals to the High Court on January 2, 1953.
points raised in them are companymon.
companymencement of the Act there was in force in any State to which the Act extended any law which companyresponded to the Act and which was number repealed by, sub s. 1 it shall stand repealed.
5 and 6 of 1953 and Writ Petitions Nos.
On February 11, 1952, the Custodian General set aside the order of the Custodian dated August 22, 1950, and ordered that further proceedings in these cases should be taken before the Custodian as an original matter and be was directed to dispose of the cases afresh in the light of the evidence already recorded and such other evidence as might be produced before him by the two respondents.
Appeals from the judgment and order dated February 4, 1954, of the Mysore High Court in Regular, Second Appeals Nos.
He held that the two respondents were evacuees and their properties were evacuee properties.
The facts of these cases are companyplicated and may be mentioned in some detail.
On July 7, 1949, the then State of Mysore passed The Mysore Administration of Evacuee Property Emergency Act, No.
These appeals were allowed on August 22, 1950.
Thereupon followed applications by the Custodian of Evacuee Property, Mysore, for certificates to file appeals to this Court on which the High Court granted the certificates, and that is how the four appeals have companye up before us.
67 and 68 of 1953 respectively.
The two appeals as well as the two writ petitions were disposed of by the High Court by a companymon judgment on February 4, 1954.
of the two respondents as evacuee properties which had vested in him, as the, respondents had become evacuees.
These claims were investigated by the Deputy Custodian who dismissed the same on April 17, 1950, declaring that the, properties were evacuee properties.,
However that may be, appeals were filed against the order of April 17, 1950, before the Custodian.
XLVII of 1949 hereinafter called the.
V. Visv anatha Sastri, M. S. K. Sastri and T. R. V. Sastri for A. G. Ratnaparkhi, for the respondents.
It, therefore, allowed the appeals as well as the writ petitions and set aside the order of the Custodian dated December 2, 1952, and restored the earlier order of the Custodian dated August 22, 1950.
On September 21, 1949, the Custodian issued a numberification by which he declared the properties.
Thereupon two claims were filed under s. 8 of the first Mysore Act separately by the two respondents.
There was how.
101 to 104 of 1957.
As, however, the respondents felt some doubt whether any appeal lay to the High Court two writ petitions were also filed on September 7, 1953, against the order of the Custodian.
N. Sanyal, Additional Solicitor General of India, Ganapathy Iyer and D. Gupta for the appellant.
CIVIL APPELLATE JURISDICTION Civil Appeals .
The Custodian held that there was number sufficient evidence to prove the respondents as evacuees and companysequently the properties in question companyld number be treated as evacuee properties.
When the matter thus came back to the Custodian he ordered the Deputy Custodian on April 7, 1952, to record the evidence and then submit the record to him for final disposal.
February 20.
LXVI of 1950, was passed by which inter alia s. 58 of the Act was amended and it was provided that if immediately before the.
Eventually, the matter came before the Custodian for final disposal on December 2, 1952.
On October 3,1950, the Custodian General gave numberices to the respondents under s. 27 of the Act in respect of the order of the Custodian dated August 22, 1950, and asked them to show cause why the said order of the Custodian be number revised, On December 7, 1950, the Administration of Evacuee Property Amendment Act, No.
