Law:

Section:

(a) Constitution of Pakistan (1973)--- Art. 185(3)-Pakistan (Administration of Evacuee Property) Act (XII of 1957), S. 19-Central Government Notification No. S. R. O. 143, dated 1-4-1959-Transfer of property or creation of any right in immovable evacuee property-Permission of Custodian of Evacuee Property-Prior permission not obtained from Custodian of Evacuee Property-Legal effect of notification-Leave to appeal granted to reconsider legal effect of said notification when prior permission not obtained from Custodian of Evacuee Property. (b) Constitution of Pakistan (1973)- -- Art. 185(3) - Pakistan (Administration of Evacuee Property) Act (XII of 1957), S. 19-Central Government Notification No. S. R. O. 143, dated 1-4-1959-Leave to appeal granted to consider question whether High Court correctly interpreted notification to confine prohibition contained therein to transfers with consideration and thereby excluded its application to gifts because a gift transac­tion is made without consideration, with particular reference to word "otherwise" occurring in para. (1) of said Notification.-[Gift]. (c) Punjab Tenancy Act (XVI of 1887)- --- Ss. 56 & 60-''Void" and "voidable", transactions-Distinction­ Prohibition contained in S. 60, not absolute so as to render transfer in violation thereof void and ineffectual in law ab initio-Such transfer, if done without previous consent of landlord shall be voidable at instance of landlord-Landlord vested with right of avoidance of such transfer and no other person, muchless a party to transaction, would be entitled to avail benefit of S. 60 or invoke restrictions laid down in S. 56-Landlord if chooses not to challenge such transfer, it could not be urged by any third party that there was an inherent legal infirmity in transfer for want of consent of landlord.-[Words and phrases]. Chairman, District Screening Committee v. Sharif Ahmed Hashmi P L D 1976 S C 258 ref. (d) Punjab Tenancy Act (XVI of 1887)- -- Ss. 56 & 60-Transfer by occupancy tenant without consent of his landlord does not render such transfer non est-Such transfer binding on parties until landlord sought to void same-Such transfer was voidable only at…

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