In Brief
In this dispute over evacuee property in Goa, the appellants, as alleged tenants of the Custodian, challenged a declaration of tenancy in favour of the respondent. The Supreme Court allowed the appeal, holding that tenancy in evacuee property must be based on a direct relationship with the Custodian and requires either a formal grant or proof of possession during 1 July 1962 to 8 February 1965 for deemed tenancy status. The respondent's claim rested solely on a disputed oral settlement and lacked valid documentary evidence. The Court found that prior Custodian approval, as mandated under the Evacuee Property Act, was never obtained. The lower courts erred in allowing the application without examining statutory requirements, granting undue weight to inspection reports instead of legal proof.
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