Law:

Section:

(a) Transfer of Property Act (IV of 1882)-------S. 54---West Pakistan Land Revenue Act (XVII of 1967), S. 42---Transfer of land in question, through registered sale-deed---Mutation was not sanctioned on basis of sale-deed on the ground that vendee had by them, left for India at the time of partition of sub-continent---Ownership and title having been transferred through registered sale-deed to evacuee non-inclusion of such transfer in Revenue Record would make no difference and such fact would not divest evacuee of the ownership thereof---Entries in Revenue Record were for fiscal purposes only ---Rebuttable presumption of correctness was attached to entries of Jamabandi but more stronger proof in the shape of registered sale-deed having come into existence, evacuee on basis of registered sale-deed would be considered to be owner and land in question would be deemed to be evacuee property. (b) Pakistan (Administration of Evacuee Property) Act (XII of 1957)--- ----S. 3---Property having not been treated before 1st January, 1957 to be evacuee property could not be treated as evacuee property after said date--­Property in question, however, had been treated to be evacuee property right from the beginning and custodian also declared such property to be evacuee property. (c) Displaced Persons Lawn (Repeal) Act (XIV of 1975)-- ----S. 2(2)---Civil Procedure Code (V of 1908), S. 115---Property in question _ had been treated to be evacuee property---Formal proceedings having been initiated in 1973 before the repeal of evacuee laws and after repeal thereof, such proceeding being pending, continued till property in question, was formally declared to be evacuee property---Plaintiffs suit- which had been decreed and whereby property in question was declared to be non-evacuee in character was set aside both on question of cause of action and jurisdiction. Malik Hamesh Gul Khan for Petitioners. Muhammad Aslam Khan for Respondents Nos. 1 to 5. S. Saeed Hussain Sherazi for Respondent No.6. Date of hearing: 1st December, 1994. JUDGMENT I propose to dispose of these two Civil Revisions Nos.173/93 and 191/93 as both have arisen out of a civil suit filed by Haji Muhammad Nawaz Khan…

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