Case Details

Citation(s)
1992 SLD 759 = 1992 CLC 321
Lahore High Court
Writ Petitions Nos. 1-R and 2-R of 1976, decided on 26th June, 1991.
Presented By: Before Khalilur-Rehman Khan, J
Muhammad Shehzad Shaukat for Petitioners. Ch. Muhammad Hassan for
Respondent No.1. Nemo for
Respondents Nos. 3 and 4.

Mst. RAJAN BIBI and others---Petitioners versusDEPUTY CUSTODIAN OF EVACUEE PROPERTY, LAHORE and others---Respondents

Law: General Clauses Act (X of 1897)

Section: 24 , 5 , 38 , 8 , 3 , 8 , 9 , 22

Law: Punjab Tenancy Act, (XVI of 1887)

Section:

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

Section:

  General Clauses Act (X of 1897)-- ----S. 24---Effectiveness of Orders, Rules or by-Laws, issued   under   enactments   repealed   and re-enacted---Whenever an Act is repealed and re-enacted a notification under the repealed Act is regarded as a notification under the Act in which provisions of repealed Act are enacted---Fact that an Ordinance or Act was repealed one after the other would not make any difference as the deeming clause of S. 24, General Clauses Act 1897, would keep the Rules or the notifications issued under the repealed Act alive unless it could be shown that under the re-enacted law the notification or the rules could not stand on account of inconsistency with the re-enacted provisions. Harish Chandra v. The State of Madhya Pradesh AIR 1965 SC 932. and Muhammad Din v. Nazar Muhammad Khan PLD 1966 Lah. 780 ref. Iwo Crown v. Wali Dad PLD 1954 Lah. 236 and Umer Hayat v. Mst. Hayat Bibi PLD 1958 Lah. 82 rel. Punjab Tenancy Act (XVI of 1887)- ----Ss. 5 & 38---West Pakistan Rehabilitation Settlement Scheme, 1956, paras. 33 & 31---Pakistan Administration of  Evacuee  Property  Act  (XII  of  1957),  Ss.  8  &   9---Pakistan Administration of Evacuee Property Ordinance (XV of 1949), S. 6-A---Pakistan Rehabilitation Ordinance (XIX of 1948), S. 7 (1)---Muslim landlords of non-Muslim occupancy tenants---Classes of occupancy tenants---Mere length of occupancy per se could not confer status of hereditary cultivation on a party regarded at settlement as a tenant at will-- Loss of right of occupancy tenants because of abandonment of tenancy was recognised---Where occupancy right of any evacuee in any land had vested in the Custodian or where Custodian had taken possession of such land, nothing in any other law for the time being in force would operate to extinguish such right in the evacuee---Neither evacuee nor Custodian would be liable to be ejected from such land by reasons of any default of the Custodian. The evacuee tenants no doubt as per entries of the revenue record were in possession of the land in dispute as tenants paying nothing for quite…
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