Law: Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975

Section: 2

  Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975)- -- --S. 2---Civil Procedure Code (V of 1908), S.115---Allotment of property--- Property in question was transferred in the name of .defendant Anjuman of which plaintiff was General Secretary---Plaintiff subsequently got former order of transfer rectified whereby property in question was transferred in the name of plaintiff as General Secretary of Muman---Such transfer was effected without issuing notice to the Anjuman allottee---Subsequent transfer order could not be deemed to be in the personal name of plaintiff and same would enure for the benefit and for the purposes of Anjuman/defendant---Findings of Courts below treating subsequent transfer in the name of plaintiff in his personal capacity and for his benefit being erroneous was unwarranted---Plaintiff's suit claiming such property to be in his personal ownership was rightly dismissed. Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975) ----S. 2---Power of review not vested in Settllement Authority in 1979, after the repeal of evacuee laws ---Rectification of earlier order of transfer amounted to review, which did not vest in Settlement Authority after the repeal of Evacuee Laws---Earlier order of transfer in the name of defendant was deemed to be valid while subsequent order of rectification of same in the name of plaintiff was unauthorised and un-warranted. Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975)--- ----S. 2---Allotment of property---Property in question was allotted in the name of defendant---Plaintiff claimed that he had applied for transfer of same in his own name as General Secretary of defendant Anjuman---Record showed that plaintiff having applied in his personal capacity was allotted another property---Property in question, was allotted to defendant of which plaintiff claimed to be the General Secretary---Even if it be assumed that plaintiff had applied on behalf of Anjuman/defendant as its General Secretary, allotment of same would be deemed to be in the name of defendant and would enure for its benefit.   Abdul Wahid Chaudhry for Petitioner. Ch. Abdul Aziz for…