Law:

Section:

(a) Islamic Law--- ----Property rights---Scope---Any asset, estate or property which comes to ownership of Muslim as ascendant or descendant, sharer or distant kinder or inheritor according to Principles of Islam such land is vested to a Muslim without any restriction or embargo for its utilization or on disposal of such land---Any regional usage or customs and tradition, if any, is inconsequential and ineffective regarding such right and authority. (b) Pakistan (Protection of Evacuee Property) Ordinance (XVIII of 1948)--- ----Ss. 6 12---Evacuee property---Possession---Cancellation of decree---Respondent got land in question mutated in his name on the basis of and decree passed by Trial Court in year 1952, which land was an evacuee land---Predecessor-in-interest of appellants sought cancellation of land in question from the name of respondent but he remained unsuccessful---Held, that after creation of Pakistan, all evacuee properties abandoned by non-Muslim evacuees stood vested with Central Government of Pakistan, who by operation of law had become owner of land in question under S. 6 of Pakistan (Protection of Evacuee Property) Ordinance, 1948--- Bar was imposed under S. 12 of Pakistan (Protection of Evacuee Property) Ordinance, 1948, regarding transfer of any evacuee property on or after 1-8-1947, and all issues regarding such evacuee lands stood vested in the jurisdiction of Custodian---Appellants as well as respondent did not agitate the matter before such statutory forum---Respondent after lapse of a period of about 7 years challenged the transaction/sale deed dated 5-6-1944 before Civil Court on 1-10-1951 knowing that vendees after abandoning their lands had migrated to India---Respondent instituted a civil suit in Civil Court without arraying Central Government or Custodian as party to such civil suit---Suit was malafidely filed against non-Muslim vendees who were not living in Pakistan, rather they had migrated to India in the year 1947---Such suit land vested in government and respondent by committing fraud obtained decree from Civil Court without arraying necessary parties---Such decree was inexecutable as the same was passed without jurisdiction and…

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