Law:

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Baluchistan (Administration of Evacuee Property) Regulation (I of 1950)----S. 2(2) & (3) and Baluchistan (Protection of Evacuee Property) Regulation (I of 1948)-"Evacuee property"-Funda­mental difference in scheme of two Regulations for differentiation of evacuee property from non-evacuee property Baluchistan (Administration of Evacuee Property) Regulation, 1950 not applicable in determining status of person dying before coming into force of Regulation. A. K. Brohi, Senior Advocate Supreme Court (Miss R. S. Qari, Advocate Supreme Court with him) instructed by Siddiq & Co., Attorneys for Appellant. Yahya Bakhtiar, Advocate Supreme Court instructed by S. M. Hanif, Attorney for Respondent No. 3. Respondents Nos 1 and 2 : Ex parte. Dates of hearing : 30th and 31st May 1961. JUDGMENT CORNELIUS, C. J.-This appeal by special leave is directed against a judgment of a Division Bench of the High Court of West Pakistan at Karachi by which a petition by the appellant Girdhari Lai for a writ to quash an order made on the 13th September 1957, by the Custodian of Evacuee Property at Karachi was refused. The property involved in the case is a shop and a residential house situated in the town of Quetta and occupied by the third respondent, namely, the Iranian Restaurant. This property was one of nine separate items of -immovable property together with certain movable property regarding which the Custodian of Evacuee Property in Baluchistan had issued a certificate as far back as the 20th October 1948 to the effect that they were owned by Messrs. Hirdaram Bhrumal & Sons, Quetta and that they were non-evacuee property. At the time of the Partition, the sole proprietor of the firm Hirdaram Bahrumal & Sons was Bahrumal. He went to India in January 1948, and died there on the 11th September 1948, leaving two sons, namely, the appellant Girdhari Lai who resides in Quetta and one Chitan Das who is resident .in India. In September 1949, the Baluchistan Custodian tool possession of certain of the properties mentioned in the certificate. An order of the Additional Custodian, Baluchistan, made in the case on the 9th April 1953 indicates that he was unable to discover the…

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