Law:

Section:

Pakistan (Administration of Evacuee Property) Act (XII of 1957)----Ss. 3(1), (2)(b) & 43 (6)-Sale-deed in favour of petitioner unregistered-Title never passed to petitioner-Declaration in circumstances, obtained by petitioner from Custodian of no legal consequence-Possession of petitioner over land allegedly transferred by sale-deed - Unauthorised and not protected by S. 3(1)-Custodian, in circumstances, held, authorised to treat properties as evacuee property even after crucial date of 1st January 1957. The Custodian of Evacuee Property, West Pakistan, Lahore v. Rais Ghazi Muhammad P L D 1973 S C 537 ref. ORDER ANWARUL HAQ, J.--This order will dispose of Civil Petitions Nos. 42 and 45 of 1973, which concern the same subject-matter, viz., certain evacuee agricultural lands, situate in four villages in the Rahimyar Khan district. On 5-2-1955 Haji Ghulam Hussain, petitioner in C. P. No. 45 of 1973, and respondent No. 6 in C. P. No. 42 of 1973, filed four separate applica­tions before the Deputy Custodian, Evacuee Property, Bahawalpur, for a declaration under section 18 of the Pakistan (Administration of Evacuee Property) Ordinance XV of 1949 to the effect that the lands in dispute were not evacuee property but belonged to him. He alleged that he had obtained these lands from their evacuee owners in 1946 after executing agreements for sale and paying the entire consideration money to the owners. He went on to state that he could not obtain attestation of the relevant mutations in his favour before the evacuee owners migrated to India but he asserted that he had throughout remained in possession of the lands. All these applications were accepted by the learned Deputy Custodian by his order dated 14-7-1955, and the necessary declarations were granted. After obtaining these declarations Haji Ghulam Hussain, since deceased and represented in these proceedings by his legal representatives, sold these lands to various persons including Barkat Ali etc. who are petitioners in one of the petitions before us. On 16-3-1959 one of the evacuee owners wrote to the President of Pakistan complaining that Haji Ghulam Hussain had prepared fictitious documents regarding the sale…

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