Inquiry into claims to evacuee property

Inquiry into claims to evacuee property.--Any person claiming any right to or interest in any property of which the Custodian has taken possession under section 6 may prefer such claim to the Custodian by an application within [thirty] days from the date on which the possession [or assumed control] of the property was taken.

1. (2) The Custodian may, after summary inquiry, reject the application if it appears to him that the claim is untenable.
2. (3) If upon such inquiry it appears to the Custodian that the applicant has a right to or interest in the property, he may make such order as he considers proper in order to give effect to such right or interest consistently with the objects of this Act : Provided that if the Custodian is satisfied that the property is not evacuee property and that the applicant is entitled to the exclusive possession of the pro- perty, he may deliver possession of the property to the applicant.
3. (4) The Custodian shall record an order setting out his findings and the reasons therefor. (4-A) The Custodian or Additional Custodian may, at any time on his own motion or on application made to him, call for records of any proceedings under this section pending before or disposed of by an Assistant or Deputy Custodian, for the purpose of satisfying himself as to the legality or propriety of any order passed in the aforesaid proceedings and may pass any orders in relation thereto as he may think fit : Provided that the Custodian or Additional Custodian shall not under this sub-section pass an order revising or modifying such order and affecting any per- son without giving such person an opportunity of being heard : Provided further that if one of the officers aforesaid takes action under this sub-section, the other shall not be competent to do so ;
4. (5) Any person aggrieved by an order made under sub-section
5. (4) [or sub-section(4-A)] mayappeal to the District Judge within one month of the making of the order [***]
6. (6) The High Court may on its motion or on application made to it call for the record of any proceedings relating to an evacuee property whether pending or disposed of under sub-sections (4), [(4-A)] or (5), for the purpose of satisfying itself as to the legality or propriety of any order passed in the aforesaid proceedings, and may pass such orders in relation thereto as it may think fit.
7. (7) Subject to the decision of the District Judge on appeal or the High