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

Section: 43(6)

Pakistan (Administration of Evacuee Property) Act (XII of 1957)   S. 43 (6) proviso-Final order passed by Custodian before 17th November 1956-Not review able-Order passed in Review without jurisdiction.   M and S, two brothers (non-Muslims) were owners of a build ing. S migrated to India and his share was transferred to M which transfer was confirmed by the Additional Deputy Custodian, and on appeal, the order of confirmation was upheld by the Custodian, on 3rd March 1951. Later, the order was reviewed by a subse quent Custodian and set aside on 1.5th March 1958.   Held, that the proviso to subsection (6) of section 43, Pakistan (Administration of Evacuee Property) Act (XII of 1957) operated as a bar to the Custodian's power of Review.   What is necessary in order that the Custodian should exercise his powers of review is that the order which is purported to be reviewed should not be a final order and that it should not have been passed before the seventeenth day of November 1956.   The orders set aside by the Custodian were the orders passed by the Additional Deputy Custodian and the Custodian. The order of the Additional Deputy Custodian obviously would not be a final order and, therefore, would not be hit by the proviso. The order of the Custodian passed on the 3rd March 1951, although obviously a final order within the meaning of proviso to subsection (6) of section 43 property having been finally confirmed by it in the name of the petitioner, had been passed as far back as 3rd March 1951. The Custodian, in view of what is contained in the proviso was not competent to review the order passed by his predecessor on 3rd March 1951. The order, therefore, was with out jurisdiction.   Order in Review set aside by writ of certiorari.   Date of hearing: 26th March 1959.   JUDGMENT   KHAMISANI, J.-The present writ petition relates to a dispute concerning a building which originally belonged to one Jiwatram. He died leaving behind two sons Mewaram and Sobhraj. Sobhraj migrated to India. Mewaram, however, remained in Pakistan. The Cosmopolitan Co-operative Housing Society Limited passed a resolution on 6th April 1958…