Law: West Pakistan Rehabilitation and Settlement Scheme

Section: 52

Law: Constitution of Pakistan, 1973

Section: 185

(a) West Pakistan Rehabilitation and Settlement Scheme, 1936--Para. 52---Constitution of Pakistan (1973), Art. 185 (3)---Leave to appeal was granted to examine whether the latter part of para 52, Rehabilitation Settlement Scheme was not wide enough to include the decrees of the sort (declaratory decree under custom) obtained by petitioner in pre-partition India of which he sought enforcement from the Additional Settlement Commissioner at a stage when it became enforceable. (b) West Pakistan Rehabilitation and Settlement Scheme, 1956--- ----Para. 52---Object, scope and import of para 52, Rehabilitation Settlement Scheme ---Para 52 of the Scheme being an executive instruction regarding settlement of refugees and their entitlements which basically was and has now been recognized as in lieu of the property rights abandoned by them in India, it had to be given a liberal and purposive construction---Executive instructions comprised in para 52, Rehabilitation Settlement Scheme being a remedial measure, numerous types of decrees and claims, authentic in nature, requiring enforcement could be included therein; and a designated authority was prescribed under such instructions for dealing with the claims. (c) Custom (Punjab)--- ---- Alienation by a widow ---Reversioner (appellant) obtaining decree against such alienation to the effect that such alienation would not affect his reversionary rights in the property in question, on determination of limited estate of widow---Allotment to alienees (respondents) in lieu of alienation by the widow, thus, suffered from a limitation or burden which could not be denied; being a limited interest obtained from widow, liable to last till the lifetime of widow ---Collaterals having obtained at appropriate stage the decree for the enforcement of their claim, could by reference to the Authority get such decree enforced at and after that stage and not earlier. (d) West Pakistan Rehabilitation and Settlement Scheme, 1956--- ----Para. 52---Declaratory decree under Custom obtained by a reversioner to the effect that alienation by a widow would not affect his reversionary rights in the property in question, on determination of limited estate of…

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