section 8
Decision by competent officer
Thur Evacuee Interest (Separation) Act, 1951General195120 sections
Statutory text
- (1) On receipt of a statement of claim under section 7, the competent officer shall, subject to the provisions of sub-sections
- (2) and (3), hold an inquiry into the claim in accordance with the procedure laid down in section 17 and pass an order determining the interest of the evacuee and the claimant in the property in question and the order shall contain all or any of the following particulars, namely:—
- (a) the money value of the property;
- (b) in any case where the evacuee and the claimant are co-sharers or partners their respective shares in the property and the money value of such shares;
- (c) in any case where the claim is made by a mortgagor, the amount due to the evacuee;
- (d) in any case where the claim is made by a mortgagee, the amount due under the claim in accordance with the provisions of section 9.
- (2) Where the Custodian under the Administration of Evacuee Property Act, 1950 (XXXI of 1950), has determined that the property in question or any interest therein is evacuee property, the decision of the Custodian shall be binding on the competent officer: Provided that nothing contained in this sub-section shall debar the competent officer from determining the mortgage debt in respect of such property or any interest therein or from separating the interest of the evacuee from that of the claimant under section 10.
- (3) if there is any dispute as to whether a liability is a mortgage debt or not or whether any claim submitted under section 7 exists, the competent officer shall decide such dispute: Provided that a decree of a civil court (other than an ex parte decree passed after the 14th day of August, 1947) shall, subject to the provisions of sections 9 and 10, be binding on the competent officer in respect of any matter which has been finally decided by such decree; and where any matter was decided by an ex parte decree passed after the 14th day of August, 1947, the competent officer may decide such matter afresh and on such decision being made, the ex parte decree shall be deemed to have no effect.
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