Law: Civil Defence Act, 1952

Section: 2(2)(h),4

Law: General Clauses Act, 1897

Section: 3(8ab)­

Law: Government of India Act, 1935

Section: 17

Law: Pakistan (Administration of Evacuee Property) Ordinance (XV of 1949)

Section: 12(3)(b),12(1)

(a) Civil Defence Act (XXXI of 1952), Ss.2 (2) (h) and 4 -Provincial Gove)nment requisitioning allotted evacuee property without previous approval of Central Government-Order of requisition void-Pakistan (Administration of Evacuee Dropertv) Ordinance (XII of 1949), S. 12 (3) (b)--"Central Govern­ment"-General Clauses Act (X of 1897), S. 3 (8 a b)­Executive action of Federal Government to be taken in name of Governor-General-Government of India Act, 1935, S. 17. The appellant was allotted the Gatemell's Hotel. Rawalpindi, which was evacuee property, in the year 1948. On the 17th of December, 1952 the Provincial Government requisitioned major portion of the premises of the Hotel tinder rule 21 of the rules framed under the Civil Defence Ordinance (VI of 1951) which was later superseded by the Civil Defence Act (XXXI of 1952). The present suit was filed by the appellant for a declaration that the order of requisition passed by the Provincial Government was void and for an injunction restraining the defendants, viz., the Provincial Government, the Federation of Pakistan, and the Custodian of Evacuee Property Punjab, from interfering with his possession. The trial Court decreed the suit against defendants 1 and 2. On appeal the learned Senior Civil judge dismissed the suit. The order in question was attacked on a number of grounds but that which survived argument was that the order contravened the provisions of section 12 (3) (b) of the Pakistan Administration of Evacuee Property Ordinance (XV of 1949) in that the order did not have the previous approval of the Central Government: Held that the previous sanction of the Central Govern­ment being absent in this case the order was hit by section 12 (3) of the Pakistan Administration of Evacuee Property Ordinance and was void. Under section 3 (8 a b), General Clauses Act (X of 1897), "Central Government" inter alia means in relation to anything done or to be done after the establishment of the Federation of Pakistan, the Governor-General, and under section 17 of the Government of India Act, 1935, all executive action of the Federal Government is to be taken in the name of the Governor-General in order that the approval…

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