Fraud and suppression invalidate evacuee property transfer where statutory procedure and notice requirements were not followed.

Suppression of earlier proceedings concerning the same property, combined with failure to follow the statutory transfer procedure, rendered the later transfer unlawful and ineffective. The Court noted that the Custodian's power under evacuee property law was protective in nature and that transfer required compliance with mandated process, including notice and prior approval where necessary. Because the 1982 transfer and sale certificate were obtained by concealment of material facts and without notice to affected parties, fraud and abuse of statutory power struck at the root of the order and displaced any equitable protection. The cancellation of the later transfer orders and dismissal of the connected writ petitions were sustained.

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Issues: Whether the 1982 transfer and sale certificate could be sustained in the face of suppression of earlier proceedings and alleged fraud, and whether the High Court was justified in cancelling the later orders and dismissing the connected writ petitions.

Analysis: The record showed that earlier orders, remand proceedings, appeals, revisions, and writ proceedings concerning the same property had been suppressed when the later transfer was sought. The Custodian's power under the evacuee property law was protective in nature and transfer of property required compliance with the statutory procedure, including prior approval where mandated. The later order was passed without notice to affected parties and without following the proper process. The Court held that a transaction brought about by concealment of material facts and abuse of statutory power cannot be protected by equity or by earlier proceedings, and that fraud and suppression strike at the root of the order. The later transfer, being founded on such suppression, was treated as unlawful and ineffective.

Conclusion: The challenge failed. The High Court's view upholding cancellation of the 1982 transfer and rejecting the connected petitions was sustained.

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