| Citation(s) |
|---|
| 1958 SLG 4026 = 1958 SLD 4026 = 1958 PLD 12 |
Lahore High Court
Revision Petition No. 47 of 1957, decided on 4th March 1958.
Presented By: A. M. JAN
(a) Limitation Act (IX of 1908), S. 5-Revision petition filed before Custodian of Evacuee Property after time-Time extended to examine legality or propriety of orders. A petition for revision was filed against the order of the D. C. G. dated 27th February 1957 on 23rd April 1957. The period prescribed by rule 17 (2) of the Administration of Evacuee Property Rules for filing a petition for revision is 30 days from the order sought to be revised. Application for a copy of the order was made on 5th April 1957, after the time for filing the revision had expired. The copy was supplied on the same day and excluding this and the day the order was passed the last day for filing the revision petition was 30th March 1957. It was not filed until 23rd April 1957 and could have been dismissed on the short ground of limitation but the counsel for the petitioners filed a belated petition for extension of time under section 5, Limitation Act. Time was extended by Custodian to examine the facts of case in order to see whether there was anything illegal or improper in the con current orders of the two Courts below. Pakistan (Administration of Evacuee Property) Ordinance (XV of 1949), S. 16 (3) (b) (i)-Value of property taken in exchange little more than value of property given-Whether exchange not genuine. Even if value of the property taken by the petitioners were a little more than the property given by them, that would not prove that the exchange was not a genuine transaction. Pakistan (Administration of Evacuee Property) Ordinance (XV of 1949), S. 16-Land, subject of exchange. in occupation of allottees-Allottees not made parties to confirmation proceedings before Deputy Custodian ---Immaterial, in absence of prejudice, if joined as objectors by the Deputy Custodian (General). Evidence Act (I of 1872), S. 78 (6)-Copy of Deputy Custodian (India's) order filed before Deputy Custodian in Pakistan-Attestation by Deputy High Commissioner of Pakistan in India-Necessity-(Quarae). Sardar Muhammad Iqbal Khan for Petitioners. Muhammad Ismail Bhatti for
Respondents. Karam Elahi Chauhan for R. A.
Revision Petition No. 47 of 1957, decided on 4th March 1958.
Presented By: A. M. JAN
(a) Limitation Act (IX of 1908), S. 5-Revision petition filed before Custodian of Evacuee Property after time-Time extended to examine legality or propriety of orders. A petition for revision was filed against the order of the D. C. G. dated 27th February 1957 on 23rd April 1957. The period prescribed by rule 17 (2) of the Administration of Evacuee Property Rules for filing a petition for revision is 30 days from the order sought to be revised. Application for a copy of the order was made on 5th April 1957, after the time for filing the revision had expired. The copy was supplied on the same day and excluding this and the day the order was passed the last day for filing the revision petition was 30th March 1957. It was not filed until 23rd April 1957 and could have been dismissed on the short ground of limitation but the counsel for the petitioners filed a belated petition for extension of time under section 5, Limitation Act. Time was extended by Custodian to examine the facts of case in order to see whether there was anything illegal or improper in the con current orders of the two Courts below. Pakistan (Administration of Evacuee Property) Ordinance (XV of 1949), S. 16 (3) (b) (i)-Value of property taken in exchange little more than value of property given-Whether exchange not genuine. Even if value of the property taken by the petitioners were a little more than the property given by them, that would not prove that the exchange was not a genuine transaction. Pakistan (Administration of Evacuee Property) Ordinance (XV of 1949), S. 16-Land, subject of exchange. in occupation of allottees-Allottees not made parties to confirmation proceedings before Deputy Custodian ---Immaterial, in absence of prejudice, if joined as objectors by the Deputy Custodian (General). Evidence Act (I of 1872), S. 78 (6)-Copy of Deputy Custodian (India's) order filed before Deputy Custodian in Pakistan-Attestation by Deputy High Commissioner of Pakistan in India-Necessity-(Quarae). Sardar Muhammad Iqbal Khan for Petitioners. Muhammad Ismail Bhatti for
Respondents. Karam Elahi Chauhan for R. A.
ZAKIR HUSSAIN, etc.
VERSUS
Mst. ALIA SULTAN., etc.
Law: Indian Limitation Act (1X of 1908)
Section: 5
Law: Pakistan (Administration of Evacuee Property) Ordinance (XV of 1949)
Section: 16(3)(b)
Law: Evidence Act (I of 1872)
Section: 78(6)
ORDER A. M. JAN.--- Mr. Baqar Ali Khan and his wife, Alia Sultana, made an application dated 27th January 1948 in the Court of Mr. Fazl Elahi, Deputy Custodian, Lyallpur, for the confirmation of exchange of property effected by a registered deed dated 29th October 1947. The application was kept pending by order dated 24th June 1948 because the policy of the Government about the exchange of agricultural land had not been finalised at that time. It was, however, ordered that the land claimed by the petitioners should not be allotted to any refugees and, if it was allotted, the allottees should be informed in express terms that if the exchange is confirmed they may have to pay batai to the new owners on the usual terms. On 27th November 1950 an amended application for confirmation was made and placed on the record. The hearing of the case was resumed by order dated 16th March 1955. On 25th January 1956, the Deputy Custodian was informed that Mr. Baqar Ali had died on 14th January 1956 and it was prayed that his legal representatives should be brought on the record. This was done and, after taking the documentary evidence produced by the petitioners, Ch. Muhammad Anwar who hack succeeded Mr. Fazli Elahi as the Deputy Custodian, Lyallpur, confirmed the exchange by order dated 20th June 1956. Exh. P-1 was the registered deed of exchange, dated 29th October 1947. Exh. P-2 was a copy of an entry dated 20th April 1950 in the Register of the Assistant Custodian, Khurai, Central Provinces, India, relating to exchange of the petitioners' property situated there with the property of Hukam Chand and Bahadur Chand in Lyallpur. Exh. P-3 was a copy of the report dated 7th June 1950 made by the Assistant Custodian recommending the exchange and Exh. P-3/A was the order of the Deputy Custodian dated 3rd July 1950 sanctioning the exchange. Exh. P-4 to P-6 were copies from the mutation register. Exhs. P-7 and P-8 were copies of 'jamabandi'. Exh. P-9 was another copy of a 'jamabandi'. Exhs. P-10, P-11 and P-12 were copies of the 'goshwara'. Exh. P-13 was another copy of a 'jamabandi'. Exhs: P-14 and P-15 were lists of pro perties exchanged and…