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

Section: 2(3), 7(1)

(a) Pakistan Administration of Evacuee Property AM (XII of 1957) S. 2(3)-Trust-Original trustees, named in trust, migrating to India-Property "evacuee property". "Evacuee property" is defined in section 2(3) of Pakistan Administration of Evacuee Property Act, 1957 as any property in which an evacuee has any right or interest, whether personally, or as a trustee or as a benefi ciary or in any other capacity. The admitted position is that the five trustees appointed by the creator of trust had migrated to India and become evacuees. By the trust deed, if any right or interest as a trustee or beneficiary was created, it was in favour of the original trustees. There can be, therefore, no two opinions on the point that the property in the case had become evacuee property. (b) Pakistan Administration of Evacuee Property Act (XII of 1957) S. 7(1)-Migration of all trustees to India at time of Partition Property thereafter became evacuee and vested in Custodian. [p. 625)B A. R. Niazi v. Pakistan and 4 others P L D 1968 S C 119 ref: M. M.. Pirzada for Petitioners. Ajmal Mian for Respondents. Date of hearing : 24th September 1974.                                                                                                                                    JUDGMENT This petition was originally filed by Hukum Singh on 25-4-1970. The said Hukum Singh died on 14-3-1973 and for such reason an amended petition was filed wherein Thawar Dass has been shown as the petitioner. The petitioner Thawar Dass had made an application for prosecuting the petition in his own name on 13-6-1973. This application came up for hearing before my learned brother Ghulam Rasool Sheikh, J. on 11-6-1974. It appears that tire joinder of Thawar Dass as the petitioner was opposed by the respondents on the ground that the right of Hukum Singh was a personal…