Law:

Section:

Pakistan (Administration of Evacuee Property) Act (XII of 1957)--- ----Ss. 18-A, 18-B & 43 [as adopted in Azad Jammu and Kashmir]---Azad Jammu and Kashmir Rehabilitation Act, 1974, S. 11---Revisional/review jurisdiction of Custodian after transfer of proprietary rights---Extent--­Custodian is competent to go into the legality or illegality of an allotment of a person to whom "Proprietary Rights Transfer Order" (P.R.T.O.) has been issued---Custodian in addition to the power to cancel an allotment, has the power to satisfy himself about the genuineness of the claim of allottee before issuing "Proprietary Rights Transfer Order"---No embargo has been placed upon the powers of Custodian while exercising review powers in terms that he could cancel the allotment of an allottee only if the claim of the allottee had been processed in connection with the transfer of proprietary rights to him. The Custodian was competent to go into the legality or illegality of an allotment of a person to whom the P.R.T.O. was issued. The Custodian, in addition to the powers to cancel an allotment had the powers under subsection (2) of section 18-A, Pakistan (Administration of Evacuee Property) Act, 1957 to satisfy himself about the genuineness of the claim of an allottee before issuing P.R.T.O. The Custodian possesses wide powers under subsection (6) of section 43 read with subsection (2) of section 18-A, Pakistan (Administration of Evacuee Property) Act, 1957 to go into the question of genuineness or otherwise of an allotment of an allottee in whose favour the Rehabilitation Commissioner had issued a certificate of entitlement. No embargo has been placed upon the powers of the Custodian while exercising the review powers in terms that he could cancel the allotment of an allottee under section 18-B of the Act XII of 1957 only if the claim of an allottee had been processed in connection with the transfer of proprietary rights to him. The bare reading of section 18-B, Pakistan (Administration of Evacuee Properly) Act, 1957 shows that the powers given to the Custodian under section 18-B (i) (a), (b), (c) and (d) could be exercised by the Custodian at any time, even if no case is pending…

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