Law:

Section:

(a) Constitution of Pakistan (1956), Art. 160-Special leave to appeal-Granted by Supreme Court to consider a number of important questions such as whether order of Custodian clarifying his earlier order went in favour of joint Hindu family sharing that character as such and not in favour of its individual members. (b) Pakistan (Administration of Evacuee Property) Ordinance (XV of 1949), S. 3-- Central Government declaring R to be evacuee under S. 3-Custodian not authorised to extend declaration to R's brothers and such brothers claiming to be members of a joint Hindu family)-"Status" of a person is a "matter of personal attributes with respect to rights and liabilities". (c) Constitution of Pakistan (1956), Art. 160--Two petitions for special leave to appeal-One petition time-barred 1?y 39& das Leave granted in both petitions-Question of limitation left to' be finally decided by Bench hearing appeal-Bar of limitation losing significance in view of order proposed to be delivered in appeal ­Question not specifically decided. (d) Pakistan (Administration of Evacuee Property) Act (XII of 1957), S. 3(1), (2)(a)(b)-(Joint Hindu family)-Property of some members of family not treated as evacuee before 1-1-1957­ Deputy Custodian's order treating their property as evacuee in 1958 held to be "without jurisdiction" unless it was covered by either of two exceptions, viz., S. 3(2) (a), (b)-Proceedings under S. 3(2)(b) not barred. JUDGMENT MUHAMMAD YAQUB ALI, J.-This will dispose of Civil Appeals Nos. K-9 and K-10 of 1963, preferred by the Federation of Pakistan and two others, with the leave of the Court, from, the order of the High Court of West Pakistan, Karachi Bench, dated the 2nd of February 1951, passed in Letters Patent Appeal No. 4 of 1961 and the order of Custodian of Evacuee Property, Karachi, dated the 28th of December 1959, respectively. 2. The facts necessary to be stated for the purposes of this order are that at the time of Partition R. S. Roopchand, respondent No. 1 and his brothers Lachhmandas, Murlidhar and Govindram constituted a joint Hindu family which owned extensive properties consisting of agricultural land, urban immovable property, business…

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