Custodian's power to cancel his own lease upheld under evacuee property law after retrospective amendment

Section 12 of the Administration of Evacuee Property Act, 1950 was held to empower the Custodian to cancel a lease granted by himself, because the retrospective Explanation inserted in 1954 deemed "lease" to include a lease created by the Custodian and operated as if always part of the section. The non obstante clause did not narrow that substantive power, and the authority to cancel or vary the lease was treated as unqualified. A separate objection that the notice was invalid as to the agreement to sell was not decided and was left open.

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Issues: Whether the Custodian had power under section 12 of the Administration of Evacuee Property Act, 1950 to cancel a lease granted by himself.

Analysis: The retrospective Explanation inserted by section 5 of the Administration of Evacuee Property (Amendment) Act, 1954 made it clear that a "lease" includes a lease granted by the Custodian and that the amendment was to be deemed always to have been inserted. On that basis, the power under section 12 extended to leases created by the Custodian as well as by the evacuee. The non obstante clause did not cut down the substantive power conferred by the section, and the authority to cancel or vary the lease was unqualified. The separate contention that the notice was bad insofar as it related to the agreement to sell was not decided and was left open.

Conclusion: The Custodian had authority under section 12 to cancel the lease granted in favour of the appellants, and the challenge to the notice on that ground failed.

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