Law:

Section:

(a) Constitution of Pakistan (1973)-----Art. 185(3)--Pakistan Administration of Evacuee Property Act (XII of 1957), S.41--Evacuee property--Declaration of--Petitioner, a Sikh by birth, occupying his ancestral land and did not migrate but embraced Islam--Request for a declaration that land was non-evacuee and he had become its owner by adverse possession, rejected by Custodian--High Court refused to interfere--Plea that view taken by Custodian was incorrect and should have been interfered with in writ jurisdiction, repelled as petitioner had failed to prove his adverse possession--Leave to appeal refused. (b) Constitution of Pakistan (1973)-----Art. 185(3)--Pakistan Administration of Evacuee Property Act (XII of 1957), S.23--Restoration of evacuee property--Petitioner a Sikh by birth, did not migrate on Partition and embraced Islam--Ancestral land occupied by him declared evacuee and allotted to refugees--His claim that land was non-evacuee and he had become its owner by adverse possession failed because of having failed to prove his adverse possession--Leave to appeal--Plea raised that petitioner should at least have been allowed to retain his own share in ancestral land--Held: It appears petitioners had not pressed his case on this basis and that if it was legally possible, he should at least be allowed to retain his own share--Petition for leave to appeal dismissed with this observation. Pir Syed Altaf Hussain Shah, Advocate Supreme Court with S. Wajid Hussain Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 19th November, 1985. ORDER NASIM HASAN SHAH, J.--The petitioner was a Sikh by birth and occupying his ancestral land. He decided to remain in Pakistan after the Partition of the Sub-Continent and also embraced Islam. 2. The land in question, however, was treated as evacuee property and allotted to the refugees. The petitioner, thereafter, approached the Deputy Custodian for a declaration that the land in question was non-evacuee and his plea in support of…

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