Law:

Section:

(a) Constitution of Pakistan (1962), Art. 58(3) -Leave to appeal-Granted by Supreme Court to examine contention that property ceases to be evacuee property on restoration to original owner-[West Punjab Protection of Evacuee Property Act (VII of 1948), S. 17.Special leave to appeal was granted to examine further the contention that by the effect of the restoration of property to its original owners the property had ceased to be evacuee property in view of the law laid down by the Supreme Court in the case of P. G. Bhandari v. The Rehabilitation Authority, Lahore and others P L D 1961 S C 89. The point was also taken that since the earlier order of the Custodian had been passed in the absence of the auction­ purchasers as well as of the mortgagor and the mortgagee, a fresh decision by the Custodian was necessary for which purpose a reference should be made. (b) Pakistan (Administration of Evacuee Property) Act (XII of 1957), S. 3A [added by Amending Act (XLV of 1958) which Act was repealed by amending Ordinance (XXII of 1959) read with S. 43(6) and with General Clauses Act (X of 1897), S. 6-Effect of amending Act and amending Ordinance (quaere)- Operation of S. 6, General Clauses Act, 1897 not absolute­ Custodian may reconsider his predecessor's order (in circumstances of case) regarding nature of property-Custodian's view overruled by Supreme Court-Supreme Court's view to prevail-All authorities to act in aid of Supreme Court-Constitution of Pakistan (1962), Art. 64. It was urged that by the effect of section 3-A of the Act of 1957, there is a bar against property which has been treated as evacuee before the 23rd September 1958, being thereafter treated as non-evacuee. On its being pointed out that the amending Act of 1958, by which section 3-A was added to the parent Act, was itself repealed by an Ordinance of the year 1959, it was urged on the strength of section 6-A of the General Clauses Act, 1897 that this repeal would not have the effect of taking section 3-A out of the parent Act Held, that it was not necessary to examine this argument in detail. The effect of section 6-A of the General Clauses Act is not absolute, as the wording of the section itself…

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