Law:

Section:

Pakistan Administration of Evacuee Property Act (XII of 1957), S. 22 read with Limitation Act (IX of 1908), S. 5-Limitation-Con­donation of delay-Application for declaration that property was not evacuee property filed before Custodian after about 13 years-­Revenue records establishing ownership of applicants over land and Custodian's records also indicating occupant as rental allottee of premises--No counter affidavit filed rebut averments made in petition jot condonation of delay--Sufficient grounds existing for holding that applicants were not aware of premises having been treated as evacuee property until in a position to discover .same during process of checking records of their officials-Custodian, held, did not, in circumstances, act without lawful authority in condoning delay. JUDGMENT HAMOODUR REHMAN, C. J.-This is a petition for special leave to appeal from the judgment of a Division Bench of the former High Court of West Pakistan, Peshawar Seat, dismissing in limine Letters Patent Appeal No. 50 of 1969. The said Letters Patent Appeal arose out of a petition under Article 98 of the Constitution of 1962 filed by the present petitioner to challenge the validity of an order of the Custodian of Evacuee Property condoning a delay of about; 13 years in the filing of an application, under section 22 of the Pakistan (Administration of Evacuee Property) Act No. XII of 1957, in exercise of the powers given by section 5 of the Limitation Act. A learned Single Judge of the High Court dismissed the petition in limine holding that there was no substance in the contention that the condonation of the delay had been made upon a misreading of the evidence adduced in support of the explanation for the said inordinate delay. The Letters Patent Bench agreed with this and hence the present petition. Learned counsel appearing in support of this petition contends that the discretion vested in the authority by section 5 of the Limitation Act to condone delay has to be exercised in a judicial manner upon sound legal principles. In this case the Custodian authorities had riot done so but had acted purely whimsically without noticing that there was evidence to the effect that…

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