Law:

Section:

(a) Constitution of Pakistan (1973)---Art. 185(3)--Pakistan (Administration of Evacuee Property) Act (XII of 1957), S. 3 --Leave to appeal granted to examine: (i) whether evacuee character of site in dispute fell to be determined under el. (b) of subsection (2) of S. 3 of Pakistan (Administration of Evacuee Property) Act, 1957 and, therefore, did not fall within prohibition created by subsection (1) former provision being in nature of exception to subsection (1); and (ii) whether finding that person was transferee of site in dispute was not based on any legal evidence. (b) Pakistan (Administration of Evacuee Property) Act (XII of 1957)-- ---S. 3--Evacuee property--Determination of status--Exclusive juris­diction of Custodian--Order of Custodian holding that suit land was not evacuee, challenged by Constitutional petition--Revenue record showing that property was not treated as evacuee at any stage--Plea that all evacuee properties are held on behalf of Custodian and have thereby been treated as evacuee, repelled--Mere vesting of property in Custodian not sufficient--No overt treating said land as evacuee ever done by relevant authorities before 1-1-1957--Matter whether or not property was ever treated as evacuee before 1957 and determination of its status as evacuee or otherwise lay within exclusive jurisdiction of Custodian--Issue having been decided on basis of relevant entries in Revenue record as also on evidence available before Custodian, High Court rightly declined to go into question whether findings of Custodian were erroneous on factual plain--Appeal dismissed. The Custodian, Evacuee Property, West Pakistan v. Mst. Doreen Barkat (tam and another 1971 S C M R 387 and Muhammad Alam Khan and 3 others v. Mahmud Ahmed and 2 others 1974 S C M R 92 distinguished. Syed Ali Iqtidar Shah Dara and others v. The Custodian, Evacuee Property, West Pakistan, Lahore P L D 1964 Lah. 72; Evacuee Property, West Pakistan v. Rais Ghazi Muhammad P L D 1973 S C 537 and Muhammad Hussain Munir v. Sikandar and others P L D 1974 S C 139 ref. JUDGMENT S.A NUSRAT , J.---This appeal by special leave is from the judgment of a division bench of the Lahore high court, dated 16-121974…

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