| Citation(s) |
|---|
| 1966 SLG 5370 = 1966 SLD 5370 = 1966 PLD 953 |
West Pakistan Lahore
Writ Petition No. 500 of 1964, decided on 6th January 1966.
Presented By: Sardar Muhammad Iqbal and Muhammad Akram, JJ
Hafiz Abdul Ghafoor for Petitioner. Ataullah Sajjad A. A.-G., Major Ishaq Muhammad Khan, S. C. (Legal) and Saeed-ur-Rehman for
Respondents Nos. 1 and 2. Ch. Muhammad Yahya with Ch. Zamir Ahmad Khan for
Respondent No. 3.
Writ Petition No. 500 of 1964, decided on 6th January 1966.
Presented By: Sardar Muhammad Iqbal and Muhammad Akram, JJ
Hafiz Abdul Ghafoor for Petitioner. Ataullah Sajjad A. A.-G., Major Ishaq Muhammad Khan, S. C. (Legal) and Saeed-ur-Rehman for
Respondents Nos. 1 and 2. Ch. Muhammad Yahya with Ch. Zamir Ahmad Khan for
Respondent No. 3.
M. GHULAM MUHAMMAD---Petitioner
VERSUS
CUSTODIAN OF EVACUEE PROPERTY, LAHORE AND OTHERS---Respondents
Law: Displaced Persons (Land Settlement) Act, 1958
Section: 4(3)
Law: Pakistan (Administration of Evacuee Property) Act (XII of 1957)
Section: 20,41,22
Law: Specific Relief Act (I of 1877)
Section: 12
Law: Contract Act (IX of 1872)
Section: 2(e)
Displaced Persons (Land Settlement) Act (XLVII of 1958), S. 4(3) read with Central Government Notification No. 1376-RR/ 4R-59 dated 15-4-59-Factum of property being evacuee disputed Custodian alone, under S. 41, Pakistan (Administration of Evacuee Property) Act, 1957, competent to decide nature of property Custodian, has jurisdiction, despite fact that property might have been acquired by Notification No. 1376-RR/4R-59 dated 15-4-59, to entertain and adjudicate question whether property on date of notification was or was not evacuee property-Property found by Custodian to be not evacuee-Cannot form part of compensation pool-Mere agreement to sell evacuee property Property, does not cease to be evacuee unless agreement confirmed by Custodian and decree for specific performance obtained also confirmed by him-In absence of confirmation by Custodian property, by Notification No. 1376-RR/4R-59 dated 15-4-59, vests in Government and ceases to be evacuee property Custodian thereafter ceases to have jurisdiction whatsoever in respect of same-Pakistan (Administration of Evacuee Property) Act (X11 of 1957), Ss. 20 & 41. Muhammad Jamil Asghar v. Improvement Trust P L D 1965 S C 698 and Devachand Muljimal v. Deputy Settlement and Rehabilitation Commissioner P L D 1965 S C 356 ref. Agreement to sell-Does not create any right, title or interest in immovable property-Contract Act (IX of 1872), S. 2 (e)-Pakistan Administration of Evacuee Property) Ordinance (XV of 1949), Ss. 18 & 16-Pakistan (Administration of Evacuee Property) Act (XII of 1957), Ss. 20 & 22-Specific Relief Act (I of 1877), S. 12. (c) Displaced Persons (Land Settlement) Act (XLVII of 1958), S. 4-Notification No. 1376-RR/4R-59 dated 15-4-59 and Notification No. R5/1-60 (1462) dated 8-6-60-Effect of two notifications read together. There is no indication in the Notification No. R5/1-60 (1462) dated 8-6-60 whether it is in super-session or in modification of the earlier Notification No. 1376-RR/4R-59. dated 15-4-59. The later notification obviously refers to the land which was not covered by the earlier notification of the Central Government dated 15th April 1959. By…