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

Section: Ss. 19, 20

Pakistan (Administration of Evacuee Property) Act (XII of 1957), Ss. 19, 20-Interpreted- Subject-matter "identical"-"Previous approval" of transfer of evacuee property, under S. 19, and "con firmation" of such transfer under S. 20-Custodian not required by law to "bless" a transfer twice over-Transfer "approved" under S. 19 not required to be "confirmed" under S. 20-Interpretation of Statutes-Principle of special provision displacing a general one, not applicable where provisions happen to be "identical in subject- matter"-[Ibrahim v. Second Sub-Judge, First Class, Karachi, and others P L D 1959 Kar. 131 dissented from].  JUDGMENT   MUHAMMAD YAQUB ALI, J.-By this petition Mrs. Razia Begum Alvi, Principal, Government College for Women (Gulberg Colony) Lahore, seeks issuance of a writ of certiorari to quash the orders of the Custodian of Evacuee Property, dated the 10th of Septem ber 1960 and 5th of December 1960, passed in the Review Applications Nos. 34 and 73 of 1960.   The facts necessary to be stated for the purpose of this order are as under: -   The petitioner belonged to a Hindu family which owned large tract of agricultural land and house property in Kot Mathra Das, Tahsil Chunian, District Lahore. As far back as 1940 she embraced Islam and married Dr. Alvi, who is presently the District Health Officer, Sheikhupura. At the time of partition, the other members of the petitioner's parental family consisted of her mother, Mst. Durga Wati, her brother Gurbakhsh Lai Sareen and a maternal uncle. In consequence of the disturbances, which accompanied the partition, Mst. Durga Wad also embraced Islam and took up residence with the petitioner in Muzaffargahb. Gurbakhsh Lal Sareen and his maternal uncle, however, migrated to India with the result that their movable and immovable property was taken over by the Rehabilitation Department and allotted to refugees. Shortly after that, Gurbakhsh Lai Sareen came back to Pakistan and embraced Islam, adopting the alias of Abdul Ghafoor Sareen. On the 29th of January 1948, he applied to the Additional Custodian of Evacuee Property,…