| Citation(s) |
|---|
| 1968 SLG 89 1968 SLD 89 1968 PLD 119 |
Supreme Court of Pakistan
Civil Appeals Nos. 33 and 34 of 1967, decision dated: 9th January 1968.
A. R. CORNELIUS, C.J., S. A. RAHMAN, FAZLEAKBAR, HAMOODUR RAHMAN AND MUHAMMAD YAQUB ALI, JJ
Nasim Hasan Shah and M. A. Zullah, Senior Advocates Supreme Court (R. A. Jeremy, Advocate Supreme Court with them on-Record absent); instructed by Siddiq & Co., Attorneys for Appellants (in C. A. No. 33 of 1967). Abdul Majid, Advocate Supreme Court instr
Civil Appeals Nos. 33 and 34 of 1967, decision dated: 9th January 1968.
A. R. CORNELIUS, C.J., S. A. RAHMAN, FAZLEAKBAR, HAMOODUR RAHMAN AND MUHAMMAD YAQUB ALI, JJ
Nasim Hasan Shah and M. A. Zullah, Senior Advocates Supreme Court (R. A. Jeremy, Advocate Supreme Court with them on-Record absent); instructed by Siddiq & Co., Attorneys for Appellants (in C. A. No. 33 of 1967). Abdul Majid, Advocate Supreme Court instr
Civil Appeal No. 33 of 1967
VS
(I) PAKISTAN THROUGH THE SECRETARY, SETTLEMENT AND REHABILITATION DEPARTMENT, RAWALPINDI, (2) THE CHIEF SETTLEMENT AND REHABILITATION COMMISSIONER, LAHORE, (3) THE CHAIRMAN, EVACUEE TRUST PROPERTY BOARD, GOVERNMENT OF
Law:
Section:
(a) Pakistan (Administration of Evacuee Property) Ordinance (XV of 1949), Ss. 2 (2), (3) & 6 read with S. 92, Civil Procedure Code (V of 1908)-Trust Society declared to be evacuee Property of trust, evacuee property-High Court appointing new trustees as result of a suit instituted under S. 92, Civil Procedure Code-Fact of new trustees having been appointed does not change evacuee nature of property-Scheme of Ordinance does not suggest that if property ceases to vest in Custodian under S. 6, it will also cease to be evacuee property. In accordance with section 2(2), Pakistan (Administration of Evacuee' property) Ordinance, 1949, the Trust Society, with the migration of all the Trustees to India at the time of Partition, became an evacuee and therefore, its property was clearly evacuee property and it was so held by the Custodian. That finding obviously rested on a solid legal foundation. It was sought to be argued that with the appointment of new Trustees, by order of the High Court, in the suit under section 92 of the C. P. C., the property in question had ceased to be evacuee property. Held that the scheme of the Ordinance did not suggest that, if the property ceases to vest in the Custodian under section 6 thereof, it will cease to be evacuee property. The decision of the Custodian rendered in his exclusive jurisdiction therefore, could not be challenged as being unlawful. (b) Constitution of Pakistan (1962), Art. 98-Application for amendment of petition-Amendment sought clearly contradictory of basic position adopted in writ petition that property in dispute was evacuee property-Held, High Court had rightly declined to allow amendment. (c) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), Ss. 3 & 16-A (unamended and as amended)Trust evacuee property-Sold to State Bank of Pakistan-State Bank a "suitable" institution within meaning of cl. (b) of S. 16-A (anamended)-Transfer not exceptionable in view of cl. 19 (j ) of Scheme for Management of Trust Properties framed by Chief Settlement Commissioner under S. 16-A-Evacuee nature of property extinguished after acquisition thereof by Central Government-Property available for…
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