Law: Constitution of Pakistan, 1962

Section: 250

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

Section: 225(3)

(a) Constitution of Pakistan (1962) Art. 250 read with Art. 225(3)-Director of Enforcement having directed Custodian to hold enquiry under M. L. R. 49 investigation started on 24-2-1962 saved notwithstanding repeal of M. L. R. 49 Proceedings even if not saved orders culminating in impugned order being passed by Custodian in exercise of his suo motu jurisdiction order of Custodian, held, non-assailable - Pakistan (Administration of Evacuee Property) Act (XII of 1957), S. 43(4). (b) Pakistan (Administration of Evacuee Property) Act (XII of 1957) S. 43(4)-Revision, suo motu-Persons though not aggrieved parties yet having sufficient interest to initiate action by Custodian-Custo dian's exercise of power of revision suo motu-Not open to objection. [Revision (civil)]. Mohammad Siddique and others v. Chief Settlement and Rehabilitation Commissioner, Lahore and others P L D 1965 S C 123 ref. (c) Pakistan (Administration of Evacuee Property) Act (XII of 1957) Ss. 2(2)(c) & 3(2)(b)-Power of Attorney-Contention that general power of attorney executed by R (respondent) in favour of her husband authorising him to manage suit property having been accepted by Custodian such acceptance amounted to acceptance by Custodian of authority of R's attorney; hence he could not declare suit property as evacuee property-Power of attorney not satisfying requirements of definition of "evacuee" and R shown in power of attorney as resid ing in Pakistan in suit property, contention, held, not correct -Custodian's order, held further, also not proper order. (d) Revenue Record Mutation proceedings-Mutation and subsequent entries in records of rights-Do not create title in favour of any person-Validly or otherwise of a transaction-Depends not on mutation entries but on whether valid transaction existed and given effect to in evacuee pro perty-Independent proof of existence of any family arrangement lacking, reliance on letter requesting mutation and mutation entries, held, no substitute for such proof.-[Mutation]. Thakur Nlrman Singh and others v. Thakur Lal Rudra Partab Narain Singh and others A I R 1926 P C 100 and Firdus Khan v. Sayid Azam Shah and others P L D 1970…