Law:

Section:

(a) Pakistan (Administration of Evacuee Property) Act (XII of 1957)-------Ss. 25(2)(s), 26 & 42---Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), Ss.3 & 4---Constitution of Pakistan, Art.199---Constitutional petition---Sale of Evacuee property by Custodian---Grievance of petitioner was that her mother was lawful owner of property in question and authorities had illegally dispossessed her and demolished structure built over it---Contention of authorities that property in question was part of compensation pool and therefore, Custodian had no right to sell the property---Validity---Custodian obtained permission on 18-2-1959, to transfer property in question to mother of petitioner and thereafter received consideration for the property---Deed of conveyance was executed on 12-12-1959 in favour of mother of petitioner finalizing transfer of ownership rights in her favour---Valid and legal transfer of proprietary rights in the property was made by Custodian in favour of mother of petitioner---Contention of authorities that property in question was part of compensation pool and therefore, Custodian had no right to sell the property was not substantiated by any document---Authorities failed to show any notification on the basis of which property in question was acquired by Federal Government under Ss.3 & 4 of Displaced Persons (Compensation and Rehabilitation) Act, 1958---Merely based on any entry in revenue record, authorities could not claim to be owner of property in question---Authorities had taken illegal possession of petitioner's property under the garb of its anti-encroachment drive---Provincial Government acted without considering rights of ownership and possession, due process and principles of natural justice---Government with the help of its officers forcibly took possession of property from petitioner without any consideration of law through show of force which was unjustified and without sanction of law---High Court directed the authorities to hand over possession of property in question to petitioner---Petition was allowed in circumstances. Mrs. Sultana Ahmed v. Sindh Industrial Trading Estate Ltd. through Managing…

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