S. B. Sinha, J. - (1.) Leave granted.
(2.) Jose Joaquim de Noronha was the Count of Mayem. He was married to one Filomena Correia Noronha. They had six children (two sons and four daughters). Jose Joaquim had grandchildren through his son Dr. Francis Antonio, who was married to Racardina. Filomena died in 1903. On her death, in the inventory, half of the estate was allotted to Dom Jose Joaquim de Noronha and the other half to their children. On or about 17/18.04.1929, Dom Jose Joaquim de Noronha bequeathed his disposable quota of properties allotted to him in the inventory upon the death of Filomena. He died on 20.04.1929. Upon his death, his disposable quota of properties was purportedly described as southern lot. Allegedly, the terms of the Will were later altered on 20.06.1930. The legality of such a course of action, however, is in dispute.
(3.) On or about 24.12.1964, the Goa Administration Evacuee Property Act, 1964 (for short, the Act) and the Rules framed thereunder came into force. Sub-sections (1, (2) and (3) of Section 15 of the Act, which are relevant for our purpose read as under : "15. Restoration of evacuee property.- (1) [Save as provided under section (3) and subject to such rules] as may be made in this behalf, any evacuee or any person claiming to be an heir of an evacuee may apply to Government or to any person authorized by it in this behalf (hereinafter in this section referred to as the authorized person) that any evacuee property which has vested in the Custodian and to which the applicant would have been entitled if this Act were not in force, may be restored to him. (2)On receipt of an application under sub-section (1) Government or the authorized person, as the case may be, shall cause public notice thereof to be given in the prescribed manner, and after causing an inquiry into the claim to be held in such manner as may be prescribed, shall- (a)if satisfied- (i)that the conditions prescribed by rules made in this behalf have been satisfied, (ii)that the evacuee property is the property of the applicant, and (iii)that it is just or proper that the evacuee property should be restored to him, make an order restoring the property to the applicant, or (b)if not so satisfied, reject the application : Provided that where the application is rejected on the ground that the evacuee property is not the property of the applicant, the rejection of the application shall not prejudice the right of the applicant to establish his title to the property in a Civil Court, or (c)if there is any doubt with respect to the title of the applicant to the property, refer him to a Civil Court for the determination of his title : Provided that no order for the restoration of any evacuee property shall be made under this sub-section unless provision has been made in the prescribed manner for the recovery of any amount due to the Custodian in respect of the property or the management thereof. (3)Upon the restoration of the property to the evacuee or to the heir, as the case may be, the Custodian shall stand absolved of all responsibilities in respect of the property, so restored, but such restoration shall not prejudice the rights, if any in respect of the property which any other person may be entitled to enforce against the person to whom the property has been so restored. Provided that every lease granted in respect of the property by or on behalf of the Custodian shall have effect against the person to whom restoration is made until such lease is determined by lapse of time or by operation of law." ;