Law:

Section:

Pakistan (Administration of Evacuee Property) Act (XII of 1957), S. 21--Construction-Transfer of evacuee property by sale ­deed executed in 1960 in respect of which certificate by Custodian had been granted in 1950-Registration of sale-deed and confir­mation of sale by Custodian, held, valid-Registration Act (XVI of 1908), Ss. 23 & 25. JUDGMENT CORNELIUS, C. J.-This appeal by special leave granted to the appellants Mst. Rehmat Bai and others as successors of one Hussaini, raises a question of the true construction of section 21 of the Pakistan (Administration of Evacuee Property) Act, 1957. For the proper evaluation of the ground on which relief was refused to the appellants by the Custodian of Evacuee Property (Southern Zone) and again by a Division Bench of the West Pakistan High Court at Karachi, which was moved by a petition for a writ, it is necessary that the full terms of section 21 aforesaid should be set out in this judgment. It reads as follows :- "21. Registration of documents and mutation of names.- (1) Where any document required to be registered under the Registration Act, 1908, or any application for mutation of names purports to create or transfer any right or interest in any property in contravention of the provisions of section 20 of this Act, no registering officer shall register the same, and no revenue officer shall sanction any mutation of names in respect thereof, unless the party presenting the document or making the application produces a certificate from the Custodian that the property is not evacuee property or that the transaction has been confirmed or that the Custodian has sanctioned the transaction. (2) If any question arises whether any document presented for registration or any application made for mutation of names purports as aforesaid the registering officer or the revenue officer, as the case may be, shall direct the party concerned to apply to the Custodian for a certificate under subsection (1), and shall not register the document or grant the application without such certificate. (3) The Custodian may grant the certificate referred to in subsection (1) either unconditionally or on such terms and conditions as he…

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