Law:

Section:

Pakistan (Administration of Evacuee Property) Act (XII of 1957)---S. 12 & 25(2)(w) - Declaration as evacuee property - Person claiming for declaration as to entire property being not evacuee property but succeeding in getting declaration as to only a portion of such property being non-evacuee property, remaining property, held, by implication treated as evacuee property. ORDER M. S. H. QURESHI, J.-This is a petition for leave to appeal from the judgment dated 6-8-1979 of a Division Bench of the Lahore High Court whereby the petitioners' Writ Petition No. 802-R of 1979 was dismissed in limine. 2.The writ petition had been filed to challenge the order of the Custodian dated 30-6-1979 whereby he maintained the order passed by the Deputy Custodian dated 5-3-1976 to the effect that only 7/70 share in the disputed land situate in village Jaboke, Tahsil Okara, District Sahiwal, was non-evacuee and the rest evacuee property. The Deputy Custodian had passed the order on an application made before him on 17-4-1974 by Muhammad Ismail, etc. respondents under section 12 read with sec­tion 25(2)(w) of the Pakistan (Administration of Evacuee Property) Act, 1957, urging that by virtue of a declaration made by the then Deputy Custodian­ on 7-2-1949 the petitioners were owners only of 7/70 share in the property but had been in possession of the entire land and as such the respective shares should be partitioned. The petitioners' case was that the disputed land which had originally belonged to Sardar Bahadur Singh had been during his lifetime given to his son Ghulam Rasool, the predecessor-in-interest of the petitioners, who remained in possession of the area from 25 years before the Partition, which fact was evidenced by Mutation No. 147 sanctioned on 14-11-1957. They also disputed the jurisdiction of the Custodian authorities in the matter on the ground that the property had never been treated as evacuee property on or before 1st of January, 1957. The Deputy Custodian found that the said Ghulam Rasool had himself made an application under section 8 of Act VII of 1948 (The West Punjab Protection of Evacuee Property Act) claiming that the area measuring 5163 kanals situate in…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492