Law:

Section:

(a) Pakistan (Administration of Evacuee Property) Act (XII of 1957), Ss. 20, 3(2)(b) & 3(1) A read with Transfer of Property Act (ITV of 1882), S. 54-Evacuee Property-Confirmation of sale-Sale deed, unregistered, written on two annos non judicial stamped paper, with a one rupee court fee label affixed-Such label bearing a date about 4 years previous to alleged date of sale-Document being unregistered could not be received in evidence and offended S. 54. Transfer of Property Act, 1882---Sale transaction in circumstances, could not be confirmed by Custodian-Subsequent review of such order of confirmation by successor Custodian, held competent and property could be declared evacuee property on review-Purchaser, however, could apply for creating a charge for amount of sale on property before prescribed Custodian. The document (sale deed) could not be received in evidence as it was not registered. It offended the provision of section 54 of Transfer of Property Act and, therefore, it could not be con­firmed by the Custodian. In view of the said lacuna in the sale deed it was not lawfully confirmed and, therefore, the case of the respondent was covered by section 3(2)(b) of the Pakistan (Administration of Evacuee Property) Act XII of 1957. The exception to section 3(1) contained in subsection (2)(b) applied to the present case and the successor Custodian was competent to treat this property as evacuee property and could review the order passed by the first Custodian. It is open to the respondent to apply for creating a charge of the amount of the sale consi­deration before the Custodian authorities in accordance with law. Syed Ali Iqtidar Shah Dara and others v. The Custodian, Evacuee Property, West Pakistan, Lahore P L D 1964 Lah. 274 fol. (b) Pakistan (Administration of Evacuee Property) Act (XII of 1957), S. 3-Evacuee property-Treatment as such-bare allegation in a letter addressed to Governor-General of property being allotted to refugees since formation of Pakistan--No reliable evidence showing property to have in fact been allotted to refugees-No allotment order or any other' supporting document produced -Property, held, cannot be said on such evidence, to…

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