| Citation(s) |
|---|
| 1982 SLG 493 1982 SLD 493 1982 SCMR 841 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 522 of 1979, decision dated: 17-11-1979. (On appeal from the judgment and order of the Lahore High Court, Lahore, dated 23rd April 1979, in W. P. 953-R/78)
ASLAM RIAZ HUSSAIN AND KARAM ELAHEE CHAUHAN, JJ
Farooq, Advocate Supreme Court and S. Inayat Hussain Shah, Advocate-on-Record for Petitioner. M. Anwar Buttar, Advocate Supreme Court and Muhammad Aslam, Advocate-on-Record for
Respondents Nos. 411.
Civil Petition for Special Leave to Appeal No. 522 of 1979, decision dated: 17-11-1979. (On appeal from the judgment and order of the Lahore High Court, Lahore, dated 23rd April 1979, in W. P. 953-R/78)
ASLAM RIAZ HUSSAIN AND KARAM ELAHEE CHAUHAN, JJ
Farooq, Advocate Supreme Court and S. Inayat Hussain Shah, Advocate-on-Record for Petitioner. M. Anwar Buttar, Advocate Supreme Court and Muhammad Aslam, Advocate-on-Record for
Respondents Nos. 411.
ALLAH DITTA AND others
VS
CUSTODIAN, EVACUEE PROPERTY, PUNJAB, LAHORE AND OTHES
Law:
Section:
Pakistan (Administration of Evacuee Property) Act (XII of 1957)--- S. 22 and Constitution of Pakistan (1973), Art. 199-Custom (Punjab)-Alienation of land by customary owner to an evacuee found by civil Court to be without necessity-Custodian justifiably giving effect to such decree ignoring sale to evacuee after death of vendor and acknowledging title of his heirs--Writ petition filed by allottee of such land against order of High Court--Held, rightly dismissed.-.[Custom (Punjab)]. Said v. Faiz P L D 1950 S C 356 ref. ORDER KARAM ELAHEE CHAUHAN, J.-The land in dispute belonged to one Muslim owner Samanda who sold the same by means of two sale transactions to one Chanda Singh evacuee. As Samanda was governed by agricultural custom whereunder an ancestral property could not be sold except for legal necessity and consideration therefore a collateral of Samanda, namely, Hussain Muhammad, by name filed two suits for a declaration, claiming that the aforesaid sales were in violation of the relevant customary law on the subject and would not affect his revisionary rights after the death of the alienor. Both the suits were decreed on 4th May, 1910. Samanda alienor died on 7th March, 1961 whereafter his legal representatives on 21-10-1963 filed an application under section 22 of the Pakistan Administration of Evacuee Property Act (XII of 1957) for a declaration that the alienor having died, they were now his representative heirs and were entitled to inherit the land aforesaid. 2. The aforesaid application was dismissed by the learned Additional Custodian on 7-3-1964. The heirs of Samanda filed an appeal which-(to ignore the lengthy details of litigation) was ultimately accepted by the learned Custodian of Evacuee Property on 22-7-1978 who reversed the order of the learned Additional Custodian and granted the declaration prayed for. This order was passed, it may be mentioned by the learned Custodian after hearing, the allottees to whom the land in the meantime had…
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