Law:

Section:

Pakistan (Administration of Evacuee Property) Act (XII of 1957),Ss. 3 & 43(6)-Sale-deed, in respect of land of evacuee, written on two annas non judicial paper-Sale confirmed by Custodian on 2-12-53-Confirmation of sale, in circumstance, held, not lawful-Case covered by S. 3(2)(b) and successor-in-office of Custodian in exercise of his sue motu powers under S. 43(6) competent to review order of his predecessor and treat property as evacuee even after 1st January 1957 and S. 3(1) no bar in such case. A piece of land originally belonged to two evacuees. R alleged that he had purchased this land by an unregistered sale-deed dated 6-6-47 written o1 a two annas non-judicial stamped paper. He made an application to the Custodian for confirmation of the sale-deed. This application was rejected on 8-8-50 on the ground that the sale-deed was not genuine and the transaction was not bona fide. R filed a review petition, which was accepted on 2-12-53. Thereafter the Department moved the successor-in-office of the Custodian for review of the order of confirmation. The successor-in-office of the Custodian thereupon in exercise of his sue Motu powers set aside the confirmation order dated 2-12-53 and hold that the sale-Iced was not genuine and that it was ineffective and inadmissible in evidence. In writ petition by R, the High Court held that the Custodian was not competent to review confirmation order dated 2-12-53 in view of the provisions of section 3 of the Pakistan (Administration o1 Evacuee Property) Act, 1957. Held: The sale-deed in question could not have been received in evidence as it was not registered and it offended section 54 of the Transfer of Property Act and therefore, it could not be confirmed by the Custodian. In view of the lacuna the sale-deed was not lawfully confirmed and the case was, therefore, covered by section 3(2)(b) of the Pakistan (Administration of Evacuee Property) Act, 1957. The bar contained in section 3(1) of the Act was therefore not attracted and the Custodian was competent to review the order of confirmation-dated 2-12-53 and treat the property as evacuee. Syed Ali Iqtidar Shah Dara and others v. The Custodian, Evacuee Property,…

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