Law: Abandoned Properties (Management) Act, 1975

Section: 14

Abandoned Properties (Taking Over and Management) Act (XX of 1975) S. 14-A Bengali lady orally gifting her house built by her husband (a Military Officer) on a plot allotted to her husband by Defence Service Officer's Co-operative Housing Society and later gifted to her-Such lady executing a declaration in support of her oral gift but making no effort to get transfer mutated in Society records for four years-House taken over as abandoned property on enforcement of Act XX of 1975 and application of petitioner under S. 14 of Act dismissed by Admi nistrator, Abandoned Properties--Petition for leave to appeal, held, without substance in wake of delay of more Than four years to seek mutation, absence of intimation to tenant as to transfer of house in her (petitioner's) favour, non-production of receipts either before Administrator or High Court, and absence of any reason as to why Bengali lady would transfer her substantial property to a cousin and deprive her own children. Date of hearing : 4th August, 1979.                                                                                                                                 ORDER MUHAMMAD HALEEM, J.--The petitioner seeks special leave to appeal against the judgment of the High Court of Sind dated 12th of July, 1977, by which Constitutional Petition No. D-382 of 1977 was dismissed. The facts are that 600 square yards of land bearing plot No. 37-C in Pakistan Defence Service Officers' Co-operative Housing Society Limited was allotted to Wing-Commander Abdul Quddus and a sub-lease was duly executed and registered on 12th of September, 1966. Thereafter, he built a house on it and later, on 26th of November, 1977, gifted it to his wife, Mst. Anwara Begum, a cousin of the petitioner's husband. The transfer of the plot was mutated in her favour by the Society. Mst. Anwara Begum, on…