AIR 2005 SUPREME COURT 4383 ::2005 AIR SCW 5303 ::2006 (1) AIR Bom R 1 ::(2005) 7 Supreme 399 ::(2005) 2 WLC(SC)CVL 784 ::(2006) 1 GCD 295 (SC) ::2005 (8) SCC 696 ::(2005) 8 Scale 523 ::(2006) 1 Bom CR 639 ::(2005) 4 JCR 206 (SC) ::(2005) 7 SCJ 589 ::(2006) 1 LandLR 498 ::2005 Bom LR 4 644 ::(2005) 9 JT 25 (SC)

Supreme Court Of India

(From : 2002 (2) Bom CR 663)

Hon'ble Judge(s): Ashok Bhan, Altamas Kabir , JJ

Enemy Property Act (34 of 1968) , S.2(b), S.2(c), S.6, S.8, S.13, S.18— Enemy property - Property belonging to enemy and vested in custodian - Inherited on his death by Indian citizen - Ceases to be enemy property - Custodian cannot continue with possession of property - Court can pass order divesting custodian of such property if situation so demands. Enemy, an enemy subject or enemy firm under S. 2 (b) means a person or country who or which was an enemy, an enemy subject or enemy firm, as the case may be under the Defence of India Act, 1962 and the Rules made thereunder or to the Defence of India Act, 1971 and the Rules made thereunder but does not include a citizen of India. Enemy property under the Act means any property belonging to or held or managed or on behalf of an enemy, enemy subject or enemy firm for the time being. The definition of enemy provided under S. 2(b) excludes citizens of India as an enemy, or enemy subject or enemy firm. The respondent who was born in India and his Indian citizenship not being in question cannot therefore by any stretch of imagination be held to be enemy or enemy subject under S.2(b). Similarly, under S. 2(c) the property belonging to an Indian could not be termed as an enemy property. Once property belonging to an enemy and vested in custodian is inherited, on death of the enemy, by an Indian citizen it ceases to be....