Law:

Section:

Constitution of Pakistan (1973)-----Art. 185(3)--Enemy Property (Continuance of Emergency Provisions) Ordinance (XXXIV of 1977), S. 2--Enemy property--Notification vesting enemy property in Custodian issued without affording opportunity of hearing to person deprived of his property by such notification--Such notification declared by High Court as illegal and without lawful authority--Leave granted to consider plea that High Court ought to have, held, that post facto opportunity of hearing should be granted to respondent which petitioners were willing to afford. Saiyyid Abul Ala Maudoodi and others v. Government of West Pakistan and another P L D 1964 S C 673 ref. Liaquat Merchant, Deputy Attorney-General for Pakistan instructed by Muzaffar Hassan, Advocate-on-Record for Petitioners. A.A. Fazeel, Advocate Supreme Court and S.M. Gharib Nawaz, Advocate-on-Record for Respondent Date of hearing: 6th February, 1986. JUDGMENT ABDUL KADIR SHAIKH, J.--Facts of this case briefly state(. are that Mrs. Doulat Boman Irani, sister of respondent herein, Shah Behram Irani, inherited 5/21 share in property bearing Survey No. 271, Sheet A.M. Victoria Road, Karachi, after the death of her parents. On 28-8-1974 Mrs. Doulat Boman Irani gifted her share in the property to respondent through a registered deed. Later, by notification, dated 24-3-1977 the Federal Government in exercise of powers under clause (b) sub-rule (1) of rule.185 of the Defence of Pakistan Rules directed that the share of Mrs. Doulat Boman Irani, an enemy, in the Paradise Theatre, 271 Victoria Road, Karachi shall vest in the Custodian of Enemy Property for Pakistan. Mrs. Doulat Boman Irani approached the Federal Government for the discharge of the "vesting order", but her request was rejected under communication, dated 18-10-1977. Afterwards, in supersession of the earlier notification, dated 24-3-1977, the Federal Government issued two Notifications Nos. S.R.O. 1119(1)/78 and S.R.O. No.1120(1)/78 dated 19-9-1978, under rules 185(2) and 181(1) read with section 2 of the Enemy Property (Continuance of Emergency Provisions) Ordinance, 1977 whereby not only the gift made by Mrs. Doulat Boman Irani was declared…

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