1976 (8) TMI 185 - SC - Indian Laws

Refund Affirmed: Custodian Ordered to Repay Rs. 2,40,000/- Within 3 Months, Central Govt. to Provide Necessary Funds for Settlement.

The Custodian of Evacuee Property Versus Rabia Bai

The SC upheld the HC's decision, affirming the respondent's entitlement to a refund of Rs. 2,40,000/- from the Custodian. The Custodian was ordered to ... - Issues Involved:1. Validity of the sale transaction under the Administration of Evacuee Property Act, 1950.2. Confirmation of the sale by the Custodian.3. Registration of the claim for refund of the sale consideration.4. Effect of deletion of Rule 22 and amendment of Section 10(2)(m) of the Act.5. Transfer of funds to the Compensation Pool under the Displaced Persons Compensation and Rehabilitation Act, 1954.6. Entitlement of the vendee to the refund of the sale consideration.Issue-wise Detailed Analysis:1. Validity of the Sale Transaction:The sale transaction in question involved the purchase of property by the respondent from an individual who had left for Pakistan in 1947. The transaction was executed in 1949, and the property was later declared as evacuee property under Section 7(1) of the Administration of the Evacuee Property Act, 1950. The sale was not confirmed by the Custodian due to lack of good faith on the part of the vendor, as per Section 40(4)(a) of the Act.2. Confirmation of the Sale by the Custodian:The Assistant Custodian refused to confirm the sale, citing the vendor's lack of good faith. The Custodian upheld this decision, noting that the vendor intended to evade the restrictions of the evacuee law. The respondent's appeal to the Custodian-General was dismissed, and the Supreme Court also dismissed her subsequent appeal.3. Registration of the Claim for Refund:The respondent applied for the registration of her claim for the refund of the sale consideration under Rule 22 of the Administration of Evacuee Property (Central Rules) 1950. The claim was registered by the Assistant Custodian, who found that the respondent had paid the full consideration in good faith. The High Court held that the registration of the claim was valid and that the respondent was entitled to the refund.4. Effect of Deletion of Rule 22 and Amendment of Section 10(2)(m):The deletion of Rule 22 and the amendment of Section 10(2)(m) did not affect the Custodian's power to pay the claim under Section 10(2)(n). The Supreme Court, in a previous judgment, held that the power to pay debts under Section 10(2)(n) remained intact despite the deletion of Rule 22. The Custodian's duty to pay the claim was not negated by the amendments.5. Transfer of Funds to the Compensation Pool:The Government of India directed the transfer of surplus balances from the Custodian's account to the Compensation Pool under Section 14(1)(b) of the Displaced Persons Compensation and Rehabilitation Act, 1954. The High Court held that only surplus funds, not required to meet registered claims, could be transferred. The Custodian was obligated to retain sufficient funds to meet the respondent's claim.6. Entitlement of the Vendee to the Refund:The High Court directed the Custodian to refund the sale consideration of Rs. 2,40,000/- to the respondent. The Supreme Court upheld this decision, noting that the Custodian had sufficient funds from the sale of the evacuee property to meet the claim. The Central Government was directed to place the required amount at the Custodian's disposal for the refund.Conclusion:The Supreme Court dismissed the appeal by the Custodian and other respondents, affirming the High Court's decision that the respondent was entitled to the refund of the sale consideration. The Custodian was directed to refund the amount within three months, and the Central Government was instructed to provide the necessary funds for this purpose. The judgment emphasized the Custodian's duty to meet registered claims from the funds in his possession and clarified the interpretation of relevant statutory provisions.