Law:

Section:

(a) Pakistan (Administration of Evacuee Property) Act (XII of 1957)-- Ss. 3 & 3-A [as introduced. by Amended Act XLV of 1958]­Evacuee character of property-Petitioner standing by and allowing Deputy Custodian and Custodian to exercise jurisdiction and adjudication going against them challenging their jurisdiction to do so as an afterthought and at a late stage-Finding of Custodian as to property being not evacuee-Held, could not be challenged on factual plane and no question of application of S. 3-A arose. P L D 1950 Punjab Statutes 97; Maj. Mehtab Khan v. The Rehabilitation Authority and another P L D 1973 S C 451; East & West Steamship Co. v. Queensland Insurance P L D 1963 S C 663 and Ghulam Mohi-ud-Din's case PLD1964SC829ref. (b) Pakistan (Administration of Evacuee Property) Act (XII of 1957)- -- S. 43 (1) & (3)-Power of Custodian-Residual, all pervading, and covers within its ambit all determinations, adjudications and proceedings pending or, finalised by an Officer subordinate to him such powers usual concomitant of plenary power of superintendance and control exercised by Custodian on his subordination-Limitation contained 'in S. 43(1), held, does not control dispensation of such power.-[Interpretation of statutes]. (c) Pakistan (Administration of Evacuee Property) Act (XII of 1957)- -- S. 3-Finding of Custodian as property being not evacuee based on sufficient material-Case not one where material evidence ignored or misread or decision given. against full weight of evidence, leave to appeal refused. ORDER SHAFI-UR-REHMAN, J.--The petitioners seek leave to appeal against the judgment of the Lahore High Court dated 30-4-1975 whereby a constitutional petition filed by them was dismissed with costs, 2. House No. P.-238 situate in Chak. No. 279/R. B., Lyallpur Town was in occupation of the petitioners. They applied for its transfer under Settlement Scheme No. VII and obtained P. T. O. on 7-9-1964. Mst. Fateh Bibi respondent claiming to be the owner of the property applied for the ejectment of the petitioners from the house but on objection by them that they were the transferrees of the house she withdrew that application and then filed two suits…

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