Law:

Section:

(a) Pakistan (Administration of Evacuee Property) Act (XII of 1957)------Ss. 22 & 23 and Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), Sched., Part I-Property included in register of evacuee properties and rent fixed by Custodian in respect of such property-Mere declaration obtained by owner of his being non-evacuee not sufficient for excluding such property from compensation pool. If the entries in the register of evacuee properties are correct then the fact that the Custodian Department had even assessed the rent to be realized from the evacuee occupant would show that the property in dispute had in fact, been used for the purposes of the Administration of Evacuee Property Act, 1957, consciously and would, therefore, amount to treating the property as evacuee property. The property could not be excluded from the compensation pool merely on the ground that- its original owner had been declared a non-evacuee finally by the order of the Evacuee Property Enquiries Tribunal. The mere declaration of the owner as a non-evacuee is not sufficient, for this purpose. Abdul Khaliq-Abdul Razzaq v. Kishanchand and others P L D 1964 S C 74 considered. (b) Constitution of Pakistan (1962)- ---Art. 58-Appeal to Supreme Court--Finding of fact-Finding based on non-consideration of important aspect of case and material item of evidence-Interfered with by Supreme Court. Khalid M. Ishaque, Advocate Supreme Court instructed by V. A. Kidwai, Attorney for Appellant. Saeed A. Shiekh. Advocate Supreme Court instructed by Shafiq Ahmad, Senior Attorney for Respondent No. 3. Respondents Nos. 1 and 2 : Ex parte. Date of hearing : 23rd May 1969. JUDGMENT HAMOODUR RAHMAN, C. J.-This judgment should be read in continuation of the judgment recorded by this Court, on the 14th May 1969, in which the facts of the case and the points raised in the appeal have already been fully set out. The Evacuee Register of Ward `G' of Hyderabad for the years 1948 to 1958, which was called for on the 14th May 1969, bas since been received and it contains an entry, at page 40, to the effect that residential plot No. G-57/9, which is the plot in dispute, was an evacuee property…

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