| Citation(s) |
|---|
| 1958 SLG 22 1958 SLD 22 = 1958 PLD 122 |
Supreme Court of Pakistan
Civil Appeal No. 32 of 19.57, decided on 27th January 1958.(On appeal from the Order of the High Court of WestPakistan, Karachi Bench, Karachi, dated the 23rd February1956, in Writ Petition No. 47 of 1955).
MUHAMMAD MUNIR, C.J., M. SHAHABUDDIN, A. R. CORNELIUS, MUHAMMAD SHARIF AND AMIRUDDIN AHMAD, JJ
Manzur Qadir, Senior Advocate, Supreme Court (Muhammad Ismail Bhatti, Advocate, Supreme Court with him) instructed by Muhammad Siddiq, Attorney for Appellant. M. H. Ahsan, Advocate, Supreme Court instructed by Muzaffar Hasan Attorney No. (1).
Respondent N
Civil Appeal No. 32 of 19.57, decided on 27th January 1958.(On appeal from the Order of the High Court of WestPakistan, Karachi Bench, Karachi, dated the 23rd February1956, in Writ Petition No. 47 of 1955).
MUHAMMAD MUNIR, C.J., M. SHAHABUDDIN, A. R. CORNELIUS, MUHAMMAD SHARIF AND AMIRUDDIN AHMAD, JJ
Manzur Qadir, Senior Advocate, Supreme Court (Muhammad Ismail Bhatti, Advocate, Supreme Court with him) instructed by Muhammad Siddiq, Attorney for Appellant. M. H. Ahsan, Advocate, Supreme Court instructed by Muzaffar Hasan Attorney No. (1).
Respondent N
TULSIDAS GORDHANDAS KHATTAUvsTHE CUSTODIAN OF EVACUEE PROPERTY SIND, and another
Law: Pakistan (Administration of Evacuee Property) Ordinance, (XV of 1949)
Section: 2 (2) (c) (ii)
Pakistan (Administration of Evacuee Property) Ordinance (XV of 1949)------ S. -Custodian's power to approve authority of agent to manage evacuee property-May be exercised at any time-Revocation of such approval must be based on reasons referable to manner in which property was being managed.The power exercised by the Custodian in accepting, in terms of section 2 (2) (c) (ii) of Pakistan (Administration of Evacuee Property) Ordinance (XV of 1949), a person as an agent in possession and management of the property of a person resident in India, is a power which can be exercised at any time ; it makes no difference that the Custodian exercised such power on receipt of a reply to his own reference on the subject to the Central Government.The Custodian may at any time revoke his previous acceptance or approval of an agent. But this revocation must have some reference to and be based on the manner in which the property is being managed.Where the Custodian without giving any reason whatsoever revoked his predecessor's earlier approval or acceptance of an agent.Held, no such power vested in the Custodian; even if it did, it was not a proper exercise of that power to revoke the agent's authority without informing him and his principal of the grounds on which it was intended to be exercised.JUDGMENT MUHAMMAD MUNIR, C. J.---This is an appeal by special leave from the judgment of a Bench of the High Court of West Pakistan at Karachi, dismissing the appellant's application for writs of certiorari, mandamus and prohibition. The appellant is a national of India, permanently residing in Bombay. Since long before the Partition he had owned three immovable properties in Karachi which were being managed by an agent. The last agent in charge of the property was Kishan Chand who left Pakistan on 15th September 1949. The appellant however instantly appointed another agent, Daruwala, who resides in Karachi. Some time in 1950, a question arose as to these properties being evacuee property. The Assistant Custodian on 29th December, 1949, declared the appellant an evacuee. The appellant appealed to the Custodian who referred the matter to the Central Government. The…