Law:

Section:

Pakistan (Administration of Evacuee Property) Act (XII of 1957), Ss. 19 & 20 read with Administration of Evacuee Property Rules, 1950, r. 12(3)-Scope and object of sanction and confirmation under Ss. 19 & 20 of Act XII of 1957-Dolerent­Sale of agricultural land-Rule 12(3) of Administration of Evacuee Property Rules, 1950 requires production of certificate in terms of S. 3, Transfer of Property (Pakistan) Ordinance, 1947 for confirmation under S. 20 of Act XII of 1957-Confirmation could be refused under S. 20(3)(ii) for failure to produce No-Objection Certificate, by prescribed Income-tax Authorities, despite fact that transaction may have already been approved by Custo­dian under S. 19-[Mrs. R. B. Alvi v. Custodian of Evacuee Property P L D 1962 Lah. 84 overruled]. The question for consideration before the Supreme Court was whether in the absence of a provision in section 3 of the Transfer of Property (Pakistan) Ordinance IV of 1947 for grant of No-Objection Certificate in respect of transfer of agricul­tural land, it was necessary to produce such a certificate for the purpose of confirmation under section 20 of the Pakistan (Administration of Evacuee Property) Act, 1957 and further whether once approval had been accorded by the Custodian under section 19 of Act XII of 1957 to a transfer it was at all necessary to obtain further confirmation under section 2.a of Act XII of 1957. Held: It is correct to say that a certificate under section 3 of the Transfer of Property (Pakistan) Ordinance, 1947 is not required for registration of a sale deed of agricultural land, but ft does not follow that such a certificate was not necessary for confirmation under section 2) of time Administration of Evacuee Property Act XII of 1957. It becomes char by referring to rule 12(3) of the Administration of Evacuee Property Rules, 1950, which provides that the application for confirmation of transfer of an evacuee property shall be accompanied by a certi­ficate it terms of section 3 of the Transfer of Property (Pakistan) Ordinance IV of 1947, from the Inspecting Assistant Commis­sioner of Income-tax of the area in which the property is situate or in the absence of a…

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