Law:

Section:

(a) Pakistan (Administration of Evacuee Property) Ordinance (XV of 1949)---- ----S. 16 (4) read with, S. 20 (1) (i)-Confirmation Lease-Whether Custodian has jurisdiction to charge terms of lease, e.g., reduce rent, while confirming lease. Held, 'that on a plain reading of section 16 (4), Pakistan (Administration of Evacuee Property) Ordinance, 1949', the expression "subject to such terms, and conditions, as he thinks fit to impose" has no reference to the terms and conditions of the transaction submitted for confirmation. It contemplates some additional terms and conditions which the Custodian might deem fit to impose before according confirmation to the transaction. But if sections 16(4) and 20(1)(i) were read together they can be construed to mean that, while confirming the transfer the Custodian simultaneously agreed to reduce the rent by virtue of his powers under section 20 of the Ordinance; and thus it would be difficult to hold that girder of reduction of rent was entirely without jurisdiction. (b) Pakistan (Administration of Evacuee Property) Act (XII of 1957)------ ---Ss. 43(6)-Custodian's wide power of Review-Whether may upset order retrospectively Whether, may upset transactions past and closed: Section 43 (6) Pakistan (Administration of Evacuee "Property,) Act, 1957 gives very wide powers to the Custodian inter alia to review his predecessor's, order suo motu at any time and on any ground whatsoever as the justice of the --case, may require. An order thus passed in review cart conceivably take effect from the date of the original' order reviewed but, in a particular case there may be circumstances' which might militate against an unrestricted power to give retrospective effect to a review order in all "'cases, as for instance, when a previous Custodian had confirmed a lease but had at the same time reduced very substantially the rent agreed upon between the evacuee and the lessee (Rs. 5,000 p.m. reduced to Rs. 1,200), and where at the time of the review under section 43 (6), the period of lease had already expired. In such a case it was not open to the successor Custodian to vary the terms of a contract which, must be deemed, in the circumstances of…

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