Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Pakistan (Administration of Evacuee Property) Act (XII of 1957)--   ---S.22--Constitution of Pakistan (1973), Art. 185 (3)--Transfer of evacuee property-- Status and identification of shop purchased by a non-Muslim-respondent in 1943 and declared non-evacuee--Appellant claiming ownership on basis of possession since 1948 and its transfer to him by Settlement authorities--High Court allowing appellants writ petition and remanding case to Deputy Custodian for re-hearing of respondents application under S.22 of Act (XII of 1957) and examining whether shop claimed by respondent was the same which had been transferred to appellant--Order of remand set aside by a Letters Patent Bench--Leave to appeal granted to consider whether there was enough justification for recalling the order of remand and also to resolve the conflict of authority on and controversy about the right of hearing before Deputy Custodian of Evacuee Property.     (b) Pakistan (Administration of Evacuee Property) Act (XII of 1957)--   ---S.22--Transfer of evacuee property--Status and identification of property purchased by non-Muslim-respondent in 1943 and declared by custodian as non-evacuee--Appellant claiming ownership on basis of possession since 1948 and its transfer to him by Settlement authorities--High Courts order allowing appellants writ petition and remanding case to Deputy Custodian for re-hearing of respondents application under S.22 of Act (XII of 1957) and determining status and identification of property, set aside by a Letters PE tent Bench-­Order impugned--Question arising whether suit property had been transferred to appellant--Appellant having admitted in proceedings before Civil Court and Rent Controller the ownership of the suit property vesting in respondent and having paid rent to him for more than three years without disputing relationship of landlord and tenant between himself and the respondent in respect of suit property, was not permitted to make out a new case for himself--Remand order, held, was uncalled for and rightly set aside.   JUDGMENT ALI HUSSAIN QAZILBASH, J.--This is an appeal by leave from the order of a learned Division Bench 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