Law: Constitution of Pakistan, 1973

Section: 41(1) , (2) , 43 , 20 , 22 , 23

Law: Pakistan (Administration of Evacuee Property) Act (XII of 1957)

Section:

JUDGMENT

MUHAMMAD JAFAR NAIM, J.-The petitioner made an application to the Deputy Settlement Commissioner, Quetta on 14-1-1967 alleging that the properties bearing Khasra Nos. 4653, 4654, 4655 in Quetta Town were hidden Evacuee Properties. This was referred to the Deputy Custodian of Evacuee Property. The Deputy Custodian Evacuee Property Khairpur disposed of this reference by his order dated 4-12-1970. He refused to treat the property in Khasra No. 4655 as evacuee property. The petitioner filed an appeal to the Member Board of Revenue under section 43(4) of the Pakistan Administration of Evacuee Property Act (XII of 1957). This appeal was dismissed by the Member Board of Revenue on 7-6-1976. The petitioner feeling aggrieved by these two orders filed the present petition for seeking a declaration that these two orders by the Deputy Custodian and the Member Board of Revenue as Custodian Evacuee Property respectively be declared as illegal and being without lawful authority. He also prayed for a declaration that order of the Custodian of Evacuee Property dated 28-10-1948 and another dated 13-9-1957 may also be declared to be without lawful authority. He further claimed that the sale transaction in respect of Khasra No. 4655 effected by Mst. Bhag Wanti in favour of Anar Din through a Registered Sale Deed be also declared void. The petitioner's case as disclosed from the petition is that one Dr. T. R. Kanal had made a will on 31-1-1946 in respect of property situated in Quetta District. Dr. Kanal died at Sukkur on 11-10-1946. According to the will all the immovable properties including the Khasra No. 4655 devolved in equal shares on Sham Sundar a grand son of the testator and one adopted son. Sham Sundar was placed under the guardianship of Mst. Bhag Wanti. The other beneficiary was in the care of Mst. Mooni Bai wife of the son of Dr. Kanal. Mst. Bhagi Bai or Bhag Wanti and Mohinibai were trustees of the property of the minors under the will. Dr. Kanal died at Sukkar on 11-10-1946 and thereafter Mst. Bhag Wanti obtained a non-evacuee certificate from the then Custodian of Evacuee Property on 28-10-1948. She got the property mutated in her name on 1-11-1948 in the revenue record. Subsequently Mst. Bhag Wanti sold the property including the Khasra No. 4555 to Malik Anar Din by Registered Sale Deed on 28-3-1949. The petitioner claims to have been in possession of 6600 sq. ft. of land out of Khasra No. 4655 for about 25 years and has constructed godowns on that piece of land.