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Supreme Court of India 2020-02-25 allowed

SITABAI SHANTARAM TALAWNEKAR vs CUSTODIAN OF EVACUEE PROPERTY

Bench: 2 — Mohan M. Shantanagoudar, R. Subhash Reddy

In Brief

This case concerns a dispute over the Conde-Mayem property in Goa, originally belonging to a Portuguese national and declared evacuee property after liberation. The appellants, as tenants of the Custodian, sought to prevent the respondent from claiming tenancy rights. The respondent applied under the Tenancy Act (as amended in 1989) claiming deemed tenant status. The Supreme Court held that tenancy rights over evacuee property can only be granted where a direct relationship exists with the Custodian, and deemed tenancy requires documentary proof of possession before 1965. The Court found the respondent's application was allowed without valid evidence and lacked the Custodian's approval required by statute, therefore dismissing the respondent's tenancy claim.

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