This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 6
Case :- FIRST APPEAL FROM ORDER No. - 279 of 2024
Appellant :- Ram Singh And Others Respondent :- U.O.I. Ministry Of Home Affairs Thru. Joint Secy. Ffr(Enemy Property),C.E.P.I. New Delhi And Others Counsel for Appellant :- Rajesh Kumar Singh
Hon'ble Rajnish Kumar,J.
same before this Court. The writ petition was disposed of by means of the order dated 17.08.2023 passed in bunch of writ petitions, leading being Writ- C No.342 of 2022, a copy of which has been placed on record as Annexure No.23. By means of the said order, three months time was granted to the petitioners including the appellants to vacate the leased property. The government was also directed to identify the properties of two categories as disclosed in the order and thereafter issue a public notice.
the respondent no.1 declaring the sale deed executed in favour of the appellants as void-ab-initio without authority of law because the said authority vests only in the civil court and the representation has been rejected. Hence this appeal has been filed.He further submits that after passing of the order dated 01.07.2024 and without waiting for the period of limitation of appeal, the revenue records have been got amended and the appellants are being threatened to vacate the premises. He relies on Dr.Saeed ahmad and another versus Custodian of Enemy Property for India Bombay and others; 2007 SCC Online All 300 and Kusumlata versus State of U.P. and others;2018 SCC Online All 5943 .
Order Date :- 30.8.2024 Akanksha Sri.
Digitally signed by :- AKANKSHA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the Custodian could declare the appellants' sale deeds void-ab-initio when the authority to do so vests in the civil court.
Colour shows how this judgement treated each authority
Dr. Saeed Ahmad and another versus Custodian of Enemy Property for India Bombay and othersRelied on¶7
2007 SCC Online All 300 · Who else cites this
Kusumlata versus State of U.P. and othersRelied on¶7
2018 SCC Online All 5943 · Who else cites this
2 provisions across 2 enactments
Ram Singh and others
U.O.I. Ministry of Home Affairs through Joint Secy. FFR (Enemy Property), C.E.P.I., New Delhi
Rajnish Kumar
As recorded by the court registry
12 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
