Law:

Section:

(a) Registration Act (XVI of 1908)-------S.47---Pakistan (Administration of Evacuee Property) Act (XII of 1957), S.20---Constitution of Pakistan, Art. 185 (3)---Leave to appeal was granted by Supreme Court to determine actual date of execution of sale deed under Registration Act, 1908; and whether transaction of sale by vendor in favour of vendee required confirmation by Custodian Evacuee Property within the meaning of S.20 of Pakistan (Administration of Evacuee Property) Act, 1957. (b) Registration Act (XVI of 1908)--- ----S.47---Pakistan (Administration of Evacuee Property) Act (XII of 1957), S.20---Specific Relief Act (I of 1877), S. 42---Evacuee property, status of---Determination---Confirmation of Custodian Evacuee Property---Date of operation of sale deed---Suit property was purchased by predecessor-in-interest of plaintiffs on 9-11-1946 and sale deed was registered on 3-3-1947 but authorities allotted the suit land to predecessor-in-interest of defendants treating the same as evacuee property---Trial Court decreed the suit in favour of plaintiffs, which decree was maintained by High Court in exercise of revisional jurisdiction---Validity---Registered document was to operate from time/day when it was written and signed---Such document would create right, title and interest in favour of transferee from the date of execution and not from the date of registration---Sale deed was written and signed on 9-11-1946, however it was registered on 3-3-1947, therefore, perforce of S.47 of Registration Act, 1908, it would deem to operate from 9-11-1946 and not from 3-3-1947---Target date (first day of March, 1947) was provided under S.20 (1) of Pakistan (Administration of Evacuee Property) Act, 1957, whereafter no creation or transfer of any right or interest upon any property could have been made on behalf of any evacuee so as to confer any right or remedy on any party thereto unless it was confirmed by Custodian---As the sale deed was executed on 9-11-1946, i.e. before target date, therefore, it was neither a property left by evacuee nor required any confirmation by Custodian, as property vested with vendee before target date---As such the property did not require…

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