| Citation(s) |
|---|
| 1973 SLG 154 1973 SLD 154 1973 SCMR 441 |
Supreme Court of Pakistan
Civil Appeal No. K-12 of 1964, decision dated: 5th March 1965.(On appeal from the judgment and order of the High Court of West Pakistan, Karachi Bench, Karachi, dated the 28th February 1963, in Writ Petition No. 524 of 1961)
S. A. RAHMAN, FAZLEAKBAR AND B. Z. KAIKAUS, JJ
Syed sharif-ud-Din Pirzada, Senior Advocate Supreme Court (Fakhr-ud-Din G. Ebrahim, Advocate Supreme Court with him) instructed by Yousuf Raft, Attorney for Appellant. Saeed A. Sheikh, Advocate Supreme Court instructed by Shafid Ahmad, Attorney for Respon
Civil Appeal No. K-12 of 1964, decision dated: 5th March 1965.(On appeal from the judgment and order of the High Court of West Pakistan, Karachi Bench, Karachi, dated the 28th February 1963, in Writ Petition No. 524 of 1961)
S. A. RAHMAN, FAZLEAKBAR AND B. Z. KAIKAUS, JJ
Syed sharif-ud-Din Pirzada, Senior Advocate Supreme Court (Fakhr-ud-Din G. Ebrahim, Advocate Supreme Court with him) instructed by Yousuf Raft, Attorney for Appellant. Saeed A. Sheikh, Advocate Supreme Court instructed by Shafid Ahmad, Attorney for Respon
NAZARALI
VS
SECRETARY, MINISTRY OF REHABILITATION, GOVERNMENT OF PAKISTAN, RAWALPINDI AND 4 OTHERS
Law:
Section:
(a) Pakistan (Administration of Evacuee Property) Act (XII of 1957), S. 3 (2) (b)-Authority to manage evacuee property after 28th February 1947 not approved by Custodian-Property continues to be evacuee property-Contention that cl. (b) applies only to cases where agent managed property on 28th February 1947-No such limitation can be read in words of clause. Clause (b) of subsection (2) of section 3 of the Pakistan Administration of Evacuee Property Act, 1957 excludes from the operation of subsection (1) property which is being managed by an agent, whose authority so to do has not been approved by the Custodian. This exception prima facie covered the present case. It was contended that clause (b) will apply only to a case where the agent was managing the property on the 28th February 19471 Held : No such limitation can be read in the words of this clause. To attract the application of this clause only one circumstance is needed, that is, the authority to manage after 28th February 1947, should not have been approved by the Custodian. (b) Pakistan (Administration of Evacuee Property) Act (XII of 1957), S. 3-Effect of notification under S. 3-Interests of all evacuees terminate and property vests in Government free from all encumbrances-Authority of Custodian also ceases. The effect of section 3 is that on the publication of a notification under that section interests of all evacuees terminate and the property vests in the Government free from all encumbrances. The authority of the Custodian is confined to evacuee property, and it cannot be urged in view of section 3 that the property retained its character of being evacuee even after the notification. JUDGMENT B. Z. KAIKAUS, J.-Nazarali the appellant in this appeal by special leave is an Indian national and a permanent resident of Bombay. On the 7th of October 1948, having come to Pakistan, he purchased the property which is in dispute in this appeal, that is, a . plot of land with buildings thereon bearing Survey Nos. 53 and 54, Street No. S. R. 8. Kutchery Road, Karachi, for a sum of Rs.83,000, from evacuee, by means of a registered sale deed. He applied for a confirmation of this sale to the Additional Deputy…
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