Law: Pakistan (Administration of Evacuee Property) Ordinance (XV of 1949)

Section: 16, 19

(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 19th September 1961, in Writ Petition No. 993 of 1960).   Appeal to Supreme Court Objection not mentioned in concise statement-Could not be allowed to be raised at time of argument.   Pakistan (Administration of Evacuee Property) Ordinance (XV of 1949), S. 16 [ =Pakistan (Administration of Evacuee Pro perty) Act (XII of 1957), S. 20] and Pakistan Administration of Evacuee Property) Rules, 1950, r. 12(5)-Sale of evacuee property Confirmation of sale by Custodian-Provisions of r. 12(5), Pakistan (Administration o, f' Evacuee Property) Rules, 1950-!Merely directory in nature -Non-observance of provisions could not vitiate proceed ings of Custodian authorities-Allottees whose allotments not yet confirmed-Not entitled as of right to be heard by Custodian in confirmation of sale of evacuee property. On the basis of sub-rule (5) of rule 12 of the Pakistan (Administration of Evacuee Property) Rules, 1950, it was pleaded that a sale of evacuee land could not be confirmed by the Custodian without affording an opportunity of being heard to the temporary allottees of the land. Held : 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 the Custodian and the party seeking the confirmation. In the present case the appellant and others are mere allottees or licensees. No permanent right in the land had passed to them and, therefore, they were not entitled to a right of hearing on an application made for confirmation of the sale transaction. Even under rule 12(5) it cannot be said that the allottees were the persons likely to be affected by the result of the application. The property vested in the Custodian and he was quite competent to look after their interest. In any case the above-mentioned rule is of a directory nature and its non-observance cannot vitiate the proceedings of the Custodian authorities. Zahid Ali v. Chief Settlement Commissioner, Lahore and others P L D 1969 Lah. 850 distinguished. Syed Ali Abbas and others v. Vishan…