Law:

Section:

(On appeal from the judgment and decree of the High Court of West Pakistan, Lahore, dated the 7th April 1961, in R. F. A. No. 69 of 1957.)   Tort-----Liability of Government for tortious acts of its; servants - Comparison with English Law-Status of Crown of England wholly different from that of Government of Pakistan Expression "sovereign acts"-Applicable only to acts committed in relation to other States or aliens-Government acting in relation to its own citizens-Bound to act only in accordance with municipal law - Government benefiting from property illegally detained by its servants and ratifying their tortious acts-Liable in tort for acts of its servants-Crown Proceedings Act, 1947 (English Act), S. 2.   Pakistan v. Muhammad A. Hayat P L D 1962 S C 28 ref.   Special Leave to Appeal to Supreme Court---Question one of mixed law and fact and not raised in lower Courts-Leave refused-Leave, however, granted on pure question of law although raised for first time before Supreme Court.  JUDGMENT   B. Z. KAIKAUS, J.---The facts relating to this appeal are not to any great extent in dispute. On the 10th September 1947; an evacuee shop in Raja Bazar, Rawalpindi, was allotted to one Abdur Rahman. The shop contained some movable property also and at the time when possession was delivered to Abdur Rahman an inventory was made of such movable property: On the 9th of February 1948, Abdur Rahman joined with him as a partner in the business which he was running in the shop. Muhammad Yaqoob Butt the sole respondent in this appeal and the respon dent acquired out of his individual funds a number of articles for use in the partnership business. Not long afterwards Abdur Rahman sold his share in the business for a sum of Rs. 10,000 to the respondent. The partnership as well as the sale not having been approved by the Rehabilitation Department, the Rehabili tation Authorities sealed the shop on the 5th May 1949, and allotted it along with the movable property which it contained to a third person. The respondent then put in an application before the Deputy Custodian, Rawalpindi, for a declaration that the movable property lying in the shop was…