CUSTODIAN OF EVACUEE PROPERTY Vs. RABIA BAI

JUDGEMENT

(1.) This appeal by special leave, directed against a judgment dated December 13, 1974, of the High Court of Madras, arises out of these facts:

(2.) Respondent Rabia Bai, is a citizen of India. She has her residence at Grange Yercund, Salem District. She came to know in 1949 that premises No. 20, Godown Street, G. T. Madras (known as Gani Market) was for sale. Consequently, by a sale deed, dated April 29, 1949, she purchased this property from one Abdul Gani Jan Mohd. who had left for Pakistan in 1947, soon after the partition of the Indian sub-continent. Abdul Gani came to Madras in April 1949 and executed the sale deed in her favour for a consideration of Rs. 2,40,000/- out of which Rs. 1,50,000/- was paid immediately in the form of bank drafts. Thereafter, the sale deed was duly engrossed and sent to Karachi for execution by the vendor, who duly executed it and sent it back. It was presented at the Collector's Office. Madras and was duly stamped on June 27, 1949. After obtaining the clearance certificate from the Income-tax Department, the Registrar registered it on August 11, 1949. Rs. 30,000/-, the balance of the consideration was paid before the registering Officer to Mr. M. H. Gani who held a power of attorney from the vendor.

(3.) On June 13, 1949, Ordinance XII of 1949 was promulgated. The Ordinance was extended to Madras on August 23, Ordinance XII of 1940 was repealed by Ordinance 27 of 1949, which in turn was replaced by the Administration of the Evacuee Property Act, 1950 (Central Act 31 of 1950) (hereinafter referred to as the Act). The Act had retrospective operation with effect from August 14, 1947. Section 40 of the Act (corresponding to S. 25(2) of Ord. 12), provided that no transfer made after the 14th day of August, 1947 but before the 7th day of May, 1954 by any person of any property belonging to him which may subsequently be declared to be evacuee property would be valid unless the transfer was confirmed by the Custodian-General of Evacuee Property.