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2001 (10) TMI 1105 - SUPREME COURTWhether Ghulam Mohd. evacuee continues to be an evacuee or has died as stated by the appellant and consequently she the appellant becomes the sole heir? Held that:- As the allottees/lessees of the evacuee property are necessary parties to the proceedings initiated either under Section 8 or Section 14 and the custodian under the Act performs dual duties of administering the property and adjudicating the claims over the evacuee properties under the Act, we find no fault with the judgment impugned holding that both the allottees as well as the Custodian General had locus to challenge the order of the Special Tribunal. The scope of revisional power under the Act is wider than the powers exercisable in revision petitions filed under the Code of Civil Procedure or the Code of Criminal Procedure and in appropriate cases the revisional authority can go into the questions of fact to decide the legality and propriety of the action taken and for the purposes of giving appropriate directions. While exercising the revisional jurisdiction, in the present case, the Custodian General had not committed any error of law by looking into the facts for the purposes of ascertaining as to whether appellant had acquired any interest on the basis of the Will executed by Sardar Begum or the probate issued in his favour. The questions of title with respect to the evacuee property cannot be adjudicated under the Act for which appropriate proceedings are required to be instituted in the civil court. It is further held that with the passage of time Section 8 of the Act has out-lived its utility and has become redundant. No further application under the said section can be entertained and the plea of limitation with respect to the pending disputes has to be decided as per our directions in this judgment. It is hoped that the State Government and the authorities under the Act shall take effective steps to safeguard and protect the properties of the evacuee for whose benefit the Act has been enacted. The judgment of the learned Single Judge 21.8.1991 does not lay good law and the order of the Special Tribunal is not sustainable. Appeal dismissed.
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