AIR 1964 ANDHRA PRADESH 126 ::(1962) 2 AndhLT 22 ::(1962) 1 Andh WR 364 ::ILR (1963) Andh Pra 223

Andhra Pradesh High Court

Hon'ble Judge(s): Umamaheswaram, N. Kumarayya , JJ

Hyderabad Jagirdars Debt Settlement Act (12 of 1952) , S.3— Debt Laws - Property of evacuee vesting in custodian under Administration of Evacuee Property Act - Does not belong to Government - Right to recover a debt vesting in evacuee - Debt can be recovered by evacuee only under, provisions of ordinary law - Settlement of such 31 debt would be within the province of Hyderabad Jagirdars Debt Settlement Act. Administration of Evacuee Property Act (31 of 1950) , S.2(c), S.4, S.17, S.48— It is not the object of the Administration of Evacuee Property Act to make the Government or the Custodian proprietor or the owner of the property declared as evacuee property. Notwithstanding such a declaration, the property shall continue to be the property of the evacuee and the vesting thereof in the Custodian would only mean that the Custodian has stepped in his shoes as a statutory agent or manager for due administration, preservation and management of the same. There is nothing in S. 12 of Displaced Persons Compensation and Rehabilitation Act, 1954 to support a contrary view. All that S. 4 of Act 31 of 1950 means is that if any particular provision in the Act or the rule or the order made thereunder is inconsistent with any other law for the time being in force, then the Court must give effect only to the provisions off and the rules or orde....