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

Section: 3

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

Section: 16,17,34(3)

(a) Pakistan (Administration of Evacuee Property) Act (XII of 1957)¬ S. 3 read with Pakistan (Administration of Evacuee Property Ordinance (XVIII of 1948), S. 12 and Pakistan (Administration of Evacuee Property) Ordinance (XV of 1949), Ss. 16, 17 & 34(3) Sale (oral) of plot with structure thereon belonging to a non¬ Muslim effected and completed in 1942 Held, could not be affected by evacuee laws passed in 1948 or 1949 or 1957 Such property never treated as evacuee property by Custodian of Evacuee Properties¬ Mutation of such plot recorded in 1947 Held, could not be said to be an order creating any right or interest in any evacuee property and needing approval of Custodian nor same covered by provisions of S. 34(3) of Ordinance XV of 1949. (b) Practice and procedure What cannot be done directly cannot be allowed to be done indirectly. THIS JUDGMENT DELIVERED BY: MUHAMMAD ZAHOORUL HAQ, J. This is a Letters Patent Appeal arising from the judgment dated 14 4 1969 passed by Single ,fudge of the then High, Court of West Pakistan (Karachi Bench) in Petition No. 52/1969. The facts in this case are that the appellant had purchased a plot of land with structures bearing No. 94 A in Jhudo Town Taluka Degree, District Tharparkar, measuring 2,574 Sq. Ft. from one Bishan Singh on 24 2 1942 for a sum of Rs. 1,983 by oral sale. The price of the plot with construction thereon being Rs. 1.800 was paid at that time by the appellant to Bishan Singh and Rs. 183 towards the price of iron girders and teairon lying on the plot was paid on 19 9 1947 when Bishan Singh appeared before, the Mukbtiarkar Degree to make a statement for mutation of the plot in favour of the appellant. The appellant is alleged to have secured the possession of the plot on 2a 2 1942. On 14th May, 1953, the appellant was granted by the Revenue Authorities an extended piece of land contiguous to this plot which was described as "Mohag 94 A". This was granted by the Mukhtiarkar Degree. The appellant alleged that he had let out a shop premises situated on the above Plot No. 9a A to respondent No. 3 on a rent of Rs. 12 per month, but the respondent No. 3 had filed an application before the Deputy Claims…

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