Law:

Section:

(a) Sind Rent Restriction Act (X of 1947)-----S. 15 read with Pakistan (Administration of Evacuee Property) Act (XII of 1957), S. 18(2)-Controller's order directing letting of premises to a Particular person made at time when evacuee laws not extended to area concerned-Such order not an allotment in respect of any "evacuee property"-Section 18(2) of Act X11 of 1957, hence, not applicable to case. (b) Pakistan (Administration of Evacuee Property) Act (XII of 1957)- ---S. 56 & Notification No. F. I (27)/59-SI dated 13-10-1959-Wife living with husband in evacuee premises-Occupied not in any independent right but as license of husband until notification of 7th March 1960-Possession given to husband could not be claimed by wife as her continuous unauthorised occupation under notification dated 13-10-1959. (c) Pakistan (Administration of Evacuee Property) Act (XII of 1957)- ---S. 56 & Notification No. F. I (27)/59-SI, dated 13-101959-­Notification comes to assistance of persons in unauthorised possession only if no other person otherwise entitled to preferential right to transfer of such premises. JUDGMENT HAMOODUR RAHMAN, C. J.-This is a petition for the review of E judgment of this Court delivered on the 14th September 1972, in Civil Appeal No. K-23 of 1970 (Muhammad Ismail v. The Chief Settlement Commissioner and others). Learned counsel appearing in support of this petition has urged only two points. The first is that this Court, in arriving at the conclusion that the order passed by a Rent Controller under the Karachi Rent Restriction Act, 1947, could not be deemed to be an allotment under subsection (1) of section 18 of the Pakistan (Administration of Evacuee Property) Act, 1957, had overlooked the provisions of subsection (2) of the said section. This subsection reads as follows :- "Every allotment of evacuee property made between the first day of March 1947, and the commencement of this Act, shall be deemed to have been made under subsection (1)." This point was specifically considered in the judgment of this Court, and it was, after quoting the whole of section 18, said :- "This argument would, no doubt, have been tenable if, as contended by the…

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