Law: Transfer of Property (Pakistan) Ordinance (IV of 1947)

Section: 3

Transfer of Property (Pakistan) Ordinance (IV of 1947)----S.3--Registration of exchange deed--Issuance of No-Objection Certificate--­Respondent, whose property was intended to be exchanged with property of petitioner, admittedly was liable to discharge his income tax liability to the tune considerable amount--Authority, held, could not be directed to issue No-Objection Certificate, necessary for registration of exchange deed ­respondent in spite of his tax liability--If petitioner had paid the income-tax amount, position would have been different and in that event Authority would gave had no justification to refuse issuance of required certificate. Commissioner of Income Tax N.CA. Circle Karachi and another v. Haji Ashfaq Ahmed Khan and 18 others P L D 1973 S C 406 ref. JUDGMENT AJMAL MIAN, C.J.--The petitioners, by this petition, have prayed for the following reliefs. "It is, therefore, most humbly prayed that this Hon'ble Court may be pleased:- (a) To direct the respondents Nos. 8 and 9 to grant no-objection clearance certificates as required by Section 3 of the Ordinance IV of' 1947 and/or Sections 16 and 17 of the Ordinance XV of 1949 which corresponds to Sections 20 and 21 of the Administration of Evacuee. Property Act XII, 1957, and or the rule 12 of Administration of Evacuee Property Rules 1950, to enable confirmation of the Exchange transaction of the properties vide Schedules A & B by the Custodian. (b) To direct the respondent No.l to confirm the Deed of Exchange executed dated 31-7-1948 between the petitioner and the Evacuee/Respondent No.4, registered on 1-4-1957, relating to Agricultural as well as Urban Properties vide schedules A and B in case the respondents 8 and 9 fail or refuse to issue No-Objection Clearance Certificate* required for transfer of the said Exchange Transaction. (c) To grant any other necessary relief or reliefs which this Hon'ble Court may deem fit and proper in this regard". The brief facts leading to the filing of the above petition are that late Haji Sira Ahmed father of petitioner I (hereinafter referred to as the deceased) who expired in 1949 and was` succeeded by petitioners 1 to 7 entered into an agreement of…

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