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

Section: Ss. 2 (3) (5), 7 & 22 (1) (b)

Pakistan (Administration of Evacuee Property) Act (XII of 1957) Ss. 2 (3) (5), 7 & 22 (1) (b)-Intention underlying evacuee legislation-Making provision for administration of evacuee pro perty and not improving or enlarging rights of evacuee-Sale of land by Hindu owner long before Partition, only right of his evacuee heir, at time of partition bein,5 to receive balance of sale price Custodian's right no more than to receive such balance price-Vendee to remain on property-Transfer of Property Act (IV of 1882), 5 53-A-Interest in property not outside purview of S. 22 (1) (b) of Act (XII of 1957).   Rehabilitation Authority v. G. M. Abdul Aziz P L D 1954 Cust. (Pb.) 31 approved. JUDGMENT ANWARUL HAQ, J.-The two petitioners Muhammad and Isso are brothers. They have applied to this Court for the issuance of a writ of mandamus or any other suitable writ to the Custodian of Evacuee Property, West Pakistan at Karachi, directing him to declare as non-evacuee certain piece of land measuring 5 acres 37 ghuntas and situated in Deb, Malh Goth Haji Memon Tappa Kankar. They allege that they have been in possession of this land for over 20 years in pursuance of an agreement of sale entered into between them and a Hindu named Seth Lakhamal Chathamal on the 12th of August 1935. The sale price was fixed at Rs. 615, out of which they paid Rs. 485 to the Hindu owner. The owner died at Karachi on the 16th of March 1937 and, therefore, the sale-deed could not be executed. However, the petitioners continued in possession of the land undisturbed until the 20th of June 1955, when an Assistant Custodian of Evacuee Property passed an order treating this property as hidden evacuee property, and directing the petitioners to render account to the Rehabilitation Authority for all the benefits derived by them from this land.   The petitioners went up in appeal and revision to have this order set aside, but didnot succeed. However, they were advised by the learned Custodian, by his order dated 1-1-60, that they should present an application under section 22 of Act XII of 1957 for a declaration about the non-evacuee nature of their interest in the property. Accordingly they…