Law: Administration of Evacuee Property Act, 1957

Section: 25 ( 1 )

Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section:

Administration of Evacuee Property Act (XII of 1957)--- ----S. 25(1)---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.44---Jurisdiction of Custodian---Objection to---Petitioner having himself invoked jurisdiction of Custodian, and on his failure to seek favourable order, raising question of jurisdiction of Custodian through Constitutional jurisdiction---Petitioner would be estopped by his conduct to raise such objection.--[Estoppel]. Administration of Evacuee Property Act (XII of 1957)--- ----S. 25---Power and duties of Custodian---All evacuee properties vested in Custodian under provisions of S.25 of the Act XII of 1957---Custodian had exclusive powers to determine the rent of evacuee property to be recovered from a person found in unauthorized occupation of the same and he could create a charge on evacuee property---Custodian had the jurisdiction to recover rent from occupant for the period, he was found in occupation of property in question and to fix rent for the future---Custodian being sole competent authority to take such measures as he considered expedient for administering, preserving and managing of any evacuee property, High Court in exercise. of its Constitutional jurisdiction could not interfere with the orders passed lawfully b;- the Authority (Custodian) having exclusive jurisdiction. Ch. Muhammad sharif Tariq for Petitioner. Raja Imdad Ali Khan for Respondent No.l.   ORDER The petitioner has filed this writ petition under section 44 of the Azad Jammu and Kashmir Interim Constitution Act of 1974, to call in question the. order passed by the Custodian of Evacuee Property on January 28, 1991., whereby the review petition filed by the petitioner was dismissed. The dispute relates to a house situate in village Bhring, Tehsil, Bhimber, District Mirpur. According to the petitioner the said house was a `Gurdawarra' which stood constructed over the land measuring 9 Marlas and 7 Sarsais. After the migration of non-Muslim Evacuees, this house was used firstly as girl school and subsequently as boys school till 1982. In the year 1982, the school building was constructed by the Government. Respondent No.l occupied this house…