Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1954 Displaced Persons (Compensation and Rehabilitation) Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Displaced Persons (Compensation and Rehabilitation) Act,1954: s. 10(2)(o) – Sale certificate issued by the custodian of evacueeproperty – Validity of – Jurisdiction of the Managing Officer todetermine – On facts, application by respondent no. 3 claiming thatshe was occupying the suit property as a owner, having purchasedthe same at a public auction and in furtherance whereof salecertificate was issued in her favour and that respondent No.4,through whom the appellant claimed his right, title and interest inthe suit property, was causing obstruction to her possession in thesuit property on the basis of some fictitious sale certificate – Allowedby the Managing Officer (Evacuee Property) and thereafter, upheldby the Authorities and the High Court – On appeal, held: Applicationwas moved by respondent no.3 and not by appellant or any of hisstated predecessor-in-title, as such the enquiry into the applicationought to be limited to the fact as to whether the documents reliedupon by respondent no.3 before the authority, to claim that she hadacquired right, title and interest in the suit property as a consequenceof issuance of certificate of sale, were genuine – Furthermore, theappellant has not been able to establish any causal connection withthe suit property either on account of allotment of the suit propertyto him or his predecessors, by the competent authority or otherwise– Respondent no.4 has not claimed right in respect of the suitproperty in any other capacity and appellant has failed to producethe sale certificate in favour of respondent no.4 issued by theCustodian of Evacuee Property – In view thereof, respondent no. 4,or any person claiming through him-appellant, could not bepermitted to question the validity of the sale certificate issued bythe Managing Officer in favour of respondent No.3 and the issueof jurisdiction of the Managing Officer to deal with the subjectproperty. |
Judge | Hon'ble Mr. Justice A.M. Khanwilkar |
Neutral Citation | 2018 INSC 1064 |
Petitioner | Mahendra Pratap Dubey |
Respondent | Managing Officer, Evacuee Property And Ors. |
SCR | [2018] 13 S.C.R. 791 |
Judgement Date | 2018-11-16 |
Case Number | 6384 |
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