| Citation(s) |
|---|
| 2007 SLG 4100 2007 SLD 4100 2007 PLD 119 |
Supreme Court (AJ&K)
Civil Appeal No. 86 of 2002, Civil Appeal No. 97 of 2002, heard on: 26th June, 2007.
MUHAMMAD REAZ AKHTAR CHAUDHRY, CHIEF, JUSTICE AND KHAWAJA SHAHAD AHMED, JUSTICE
M. Tabassum Aftab Alvi for Appellants (in C.A.No.86 of 2002). Asghar Ali Malik for
Respondents Nos. 1 to 9 ((in C.A.No.86 of 2002). Asghar Ali Malik for Appellants ((in C.A.No.97 of 2002). M. Tabassum Aftab Alvi for
Respondents Nos.4 to 7 (in C.A.No.97
Civil Appeal No. 86 of 2002, Civil Appeal No. 97 of 2002, heard on: 26th June, 2007.
MUHAMMAD REAZ AKHTAR CHAUDHRY, CHIEF, JUSTICE AND KHAWAJA SHAHAD AHMED, JUSTICE
M. Tabassum Aftab Alvi for Appellants (in C.A.No.86 of 2002). Asghar Ali Malik for
Respondents Nos. 1 to 9 ((in C.A.No.86 of 2002). Asghar Ali Malik for Appellants ((in C.A.No.97 of 2002). M. Tabassum Aftab Alvi for
Respondents Nos.4 to 7 (in C.A.No.97
Civil Appeal No.86 of 2002 TAHIR MAHMOOD AND 3 others
VS
KHALID SHARIF AND 9 others Civil Appeal No.97 of 2002 Civil Appeals Nos.86 and 97 of 2002, decided on 30th July, 2007. KHALID SHARIF AND 8 others VS CUSTODIAN OF EVACUEE PROPERTY, AJ&K, MUZA
Law:
Section:
(a) Azad Jammu and Kashmir Administration of Evacuee Property Act (XII of 1957)---.--- ---.----Ss. 18-B(1)(e), 18-A & 19---.---Scope and extent of powers of Custodian of Evacuee Property under S.18-B(1)(e), Azad Jammu and Kashmir Administration of Evacuee Property Act, 1957---.---Proprietary rights had already been granted to the allottee---.---Once the proprietary rights had been granted by the Custodian, he had no power left with him to cancel the allotment under S.18-B(1)(e) of the Act---.---Powers of Custodian of Evacuee Property to cancel the basic allotment, while invoking the powers of Multiple Judge under S.18-B(1)(e), Azad Jammu and Kashmir Administration of Evacuee Property Act, 1957 elaborated. No doubt section 18-B(1)(e) of the Administration of Evacuee Property Act, 1957 confers the powers of Multiple Judge upon the Custodian, but these powers were given to him for a particular time. Under this provision of law the Custodian .can exercise the powers of Multiple Judge during the process of grant of proprietary rights. This provision clearly contains that the Custodian shall exercise the powers of Multiple Judge in cases processed or being processed for grant of proprietary rights. It clarifies the position that the Custodian shall exercise the powers of Multiple Judge during the course of grant of .proprietary rights. Before granting the proprietary rights, he has to ensure that no one is holding allotment beyond the scale and if it is found that someone is holding the allotment beyond the scale, then he can cancel the allotment while exercising the powers of Multiple Judge. The powers of Multiple Judge have been given to the Custodian only for meeting such eventuality. The provision clearly conveys that the Custodian shall exercise the powers of Multiple Judge under the Multiple Allotment Act, 1961, in order to confer the proprietary rights. In the aforesaid provision .the words "in order to confer proprietary rights" clearly convey that the powers of Multiple Judge were only given for conferring the proprietary rights. He can exercise these powers while conferring the proprietary rights. This provision is very much clear. It empowers the…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492