Law: West Punjab Protection of Evacuee Property Act, (VII of 1948)

Section: 17

Law: Constitution of Pakistan, 1973

Section: 184(3)

West Punjab Protection of Evacuee Property Act (VII of 1948) [since repealed]--- ----S. 17---Pakistan (Administration of Evacuee Property) Ordinance (XV of 1949), S. 34 [since repealed]---Pakistan (Administration of Evacuee Property) Act (LXII of 1957), S. 55 [since repealed]---Evacuee property---Whether property once declared as evacuee, which was later restored to the original owners, could re-acquire the status of evacuee property due to movements of some or all of the owners outside Pakistan---Before partition of sub-continent subject properties were owned by a Hindu, who had mortgaged it against a loan obtained from a Bank in India---After death of the owner and partition of sub-continent the subject properties were declared as evacuee properties---In 1948, the widow and sons of the deceased owner came from India to Pakistan and moved an application under S. 17 of the West Punjab Protection of Evacuee Property Act, 1948, which was allowed and subject properties were declared not to be evacuee properties and restored to the family subject to the conditions that the owners would not alienate the property nor would dispossess the tenants therein and upon failure to reside in Pakistan, the order of restoration would stand annulled and the property would regain the status of evacuee property---Held, that status of subject properties could revert back to that of an evacuee property if it seemed that the return of the heirs of the original owner to Pakistan in 1948 after the property was already declared evacuee in 1947 was temporary and intended to avoid the consequence of evacuee laws---Properties in question were to be treated as evacuee due to the shifting stands and contradictory statements made by the owners before the Deputy Custodian as regards the permanent residence of the owners---When the mortgagee Bank filed a suit in 1952 for the sale of property in question, the owners resisted the sale on the ground that property was evacuee though their case throughout had been that they had become residents of Pakistan permanently---Even if the property had not been declared evacuee, the fact that it was mortgaged with a Bank and on account of the fact that it…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492