Law:

Section:

Pakistan (Administration of Evacuee Property) Act (XII of 1957)S. 21.Declaration of character of property-Petitioners filing appeal against order of Deputy Custodian and Custodian hearing appeal; deciding it on merits, and holding land in dispute not to be evacuee propertyContention that Custodian's order was bad since he did not give notice to allottees of land before confirming sale and holding property to be nonevacuee, held, of no force in circum­stancesMain issue, i.e., character of land, held, stood concluded by finding of fact. ORDER MUHAMMAD YAQUB ALI, J. The land in dispute was purchased by' -Respondents Nos. 3 to 5 by registered sale deed from Hindu owners oar 22101947 and 1051949. Mutations in revenue records were effected in their names. Possession was delivered to them and they have paid assessment on the land ever since. Nevertheless this land was allotted to one Ahmad Ali Baig, who, in turn, sold it to -Petitioners Nos. 2 to 5. -Respondents Nos. 3 to 5, thereupon filed an application before the Deputy. Custodian of Evacuee Property under section 20 of the Administration of Evacuee Property Act who confirmed the sale as a genuine transaction and further found the vendors as Pakistani Nationals. The order was confirmed by the Custodian of Evacuee Property. Later on the -Petitioners filed an appeal from the order of the Deputy Custodian before the Custodian on the ground that the land was evacuee property and that no notice of the confirmation proceedings was given to them. The Custodian ruled out the 2nd ground by relying on the observation of the Court in Ataullah Malik v. The Custodian of Evacuee Property and? others: "The question whether the title in the property which is vested in the, Custodian should be confirmed in favour of a transferee by the Custodian himself would appear to lie exclusively between then Custodian and the party seeking the confirmation. As has been; observed already, the sense of the law which the Custodian is appointed to administer is distinctly favourable to the…

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