Law: Administrator-Generals (West Pakistan Amendment) Ordinance, 1966

Section: 1965, r. 182(1)(b)

(a) East Pakistan Enemy Property (Lands and Buildings), Administration and Disposal Order, 1966 read with Defence of Pakistan Rules, 1965, r.182(1)(b) and Government of East Pakistan Notification No. 1199-Genl., dated 3-12-1965-Enemy property- Custodian--Mere vesting of enemy property in Custodian-Does not transgress on title or ultimate right of real owner-Person in possession of enemy property, however limited his right may be- Neither trespasser nor liable to eviction. Mere vesting of the enemy property in the Custodian does not transgress on the title or the ultimate right of the real owner and a person in possession of the enemy property by virtue of a document of however limited or imperfect nature it may be cannot be said to be a trespasser and he cannot be ousted from it by the Custodian. (b) East Pakistan Enemy Property (Lands and Buildings) Administration and Disposal Order, 1966 read with Defence of Pakistan Rules, 1965, r. 182(1)(b) and Government of East Pakistan Notification No. 1199-Genl., dated 3-12-1965 - Sub-Divisional Officer treating premises as enemy property and evicting occupier without authority from, or on behalf of, Custodian, Enemy Property, and in spite of stay order from Commissioner and prohibitory tele gram by Deputy Commissioner-Officer, held, acted to violation of moral and legal obligations of a public servant in a most bar barous way-Strictures passed against Sub-Divisional Officer Copy of judgment to Government-Possession ordered to be restored to evictees-Costs assessed against Sub-Divisional Officer.                                                                                     Dates of hearing: 7th, 14th, 15th, 18th and 19th December 1967.   JUDGMENT SIDDIKY, C. J.-Two persons obtained this Rule nisi…