Law:

Section:

(a) Pakistan (Administration of Evacuee Property) Ordinance (XV of 1949), S. 36 (4) (5)-Revision-Review-New facts alleged since previous order-New facts may sustain fresh proceedings--Revision or Review of previous order not necessary. (b) West Punjab Protection of Evacuee Property Act (VII of 1945), S. 17-Restoration of ownership of property to evacuee. Custodian not empowered to resume property at discretion. Under the Constitution, rights in property cannot be sequestrated except by due process of law, and having once restored property to an evacuee, if by that act the property ceased to be evacuee property and appertained in full right of ownership to the owner, then the Custodian could not purport to exercise powers in respect of it, as if it were evacuee property unless the necessary conditions were satisfied, i.e., that the owner was shown to have been absenting himself or to be absenting himself from West Punjab, and then only by due process. To take back the property at discretion would be entirely outside the Custodian's power. (c) West Punjab Protection of Evacuee Property Act (VII of 1948), S. 22 (d)-"Evacuee"--Definition-"Has been or is absenting himself "-Meaning-Has no reference to absence being "temporary" or "permanent" or whether absence was "isolated" or matter of "repeated occurrence". (d) Evacuee property-Evolution of legislation in regard to evacuee property-Custodian's duty to "preserve" and "protect" evacuee property becoming later a duty of "assuming title" in abandoned properties "on principle of escheat", for purpose of distributing same among refugees. (e) West Punjab Protection of Evacuee Property Act (VII of 1948), S. 17-Property restored to evacuee-Ceases to be evacuee--[Begum Muhammad Ismail v. Mst. Santosh Lata P L D 1957 Cust. (W. P.) 10 distinguished]. (f) West Punjab Protection of Evacuee Property Act (VII of 1948), S. 17-Restoration of evacuee property to owner-Transaction post and closed-Not affected by later legislation. JUDGMENT CORNELIUS, C. J.-This appeal by one P. G. Bhandari is brought by special leave against a judgment of the Custodian of Evacuee Property, Lahore dated the 17th June 1958. The case has something of a…

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