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Section 10: Custodian’s right in respect of leases, allotments of possession of evacuee property

The Goa Administration of Evacuee Property Act, 1964State Act of Goa · Act 6 of 1964

(1) Notwithstanding anything contained in any other law for the time being in force 25[and save as provided in section 3] or in any agreement or contract, the Custodian may cancel any allotment or terminate any lease or amend the terms of any lease or agreement under which any evacuee property is held or occupied by a person (whether such allotment, lease or agreement was granted or entered into before or after the commencement of this Act):

Provided that in the case of any lease granted before the relevant date the Custodian shall not exercise any of the powers conferred upon him under this sub-section unless he is satisfied that the lessee.—

(a) has sublet, assigned or otherwise parted with the possession of the whole or any part of the property leased to him; or

(b) has used or is using such property for a purpose other than that for which it was leased to him; or

(c) has failed to pay rent in accordance with the terms of the lease.

(2) Where the title or the right to possession of any evacuee property, as a tenant or otherwise, was on the relevant date the subject matter of any dispute, the right to possession shall be deemed to have vested in the Custodian as from the said date, notwithstanding anything contained in any other law for the time being in force or in any agreement or contract; and the person holding possession shall cease to be entitled to possession.

(3) Where by reason of any action taken under sub-section (1) or sub-section (2), any person has ceased to be entitled to possession of any evacuee property, he shall on demand by the Custodian surrender possession of such property to the Custodian or to any person duly authorised by him in this behalf.

(4) If any person fails to surrender possession of any property on demand under sub- -section (3), the Custodian may, notwithstanding anything to the contrary contained in any other law for the time being in force, eject such person and take possession of such property in the manner provided in section 7.

Where this provision sits

ActThe Goa Administration of Evacuee Property Act, 1964
Section10
Marginal noteCustodian’s right in respect of leases, allotments of possession of evacuee property
JurisdictionState of Goa
StatusIn force as published by the source

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