Law:

Section:

(a) Pakistan (Administration of Evacuee Property) Act (XII of 1957), S. 2(2)-Non-Muslim, resident of Sialkot (in Pakistan) residing since pre-Partition days at Nairobi (in Africa) and acquiring there British citizenship-Not an evacuee-Non-Muslim not leaving Pakistan territory on or after 1-3-47 on account of disturbance nor acquiring by way of allotment or otherwise any interest in evacuee property in India-Could not be treated as evacuee merely because his brother or relation had filed a claim in Bharat for property left by him in Pakistan. (b) Pakistan (Administration of Evacuee Property) Act (XII of 1957), S. 18-Time-barred application entertained by Custodian­-Held, High Court could refuse to interfere with discretionary power of Custodian in writ petition-Constitution of Pakistan (1962), Art. 98. Saeed Akhtar, Advocate Supreme Court instructed by Tanvir Ahmad, Advocate-on-Record for Petitioners. Nemo for Respondents. Date of hearing : 8th December 1970. JUDGMENT SAJJAD AHMAD, J.-In this petition for special leave, the dispute relates to a house, bearing No. C. B. 1. 1-146, situated on Paris Road, Pooran Nagar, Sialkot, which declared as non-­evacuee property by the Custodian, by his order dated the 28th of November 1962. The said house originally belonged to a non-Muslim named Wali Ram, who sold to one, Chooni Lai, on the 18th of March 1943. The latter in turn, sold it to Muhammad Sharif, the father of the respondents Nos. 4 to 9, and his brother, Allah Rakha, by execution of a sale deed dated the 29th of September 1947, executed at Nairobi, in East Africa. Chooni Lai, the afore-mentioned, who was a resident of Sialkot, had left his home town in the year 1945 long before Partition and had settled down in Nairobi, where he took up the British citizenship. On the 30th of August 1954, Muhammad Sharif, aforesaid, had moved an application to the Deputy Custodian at Sialkot, under section 18 of the Pakistan (Administration of Evacuee Property) Ordinance, 1949, for a declaration that the property was non-evacuee. This application was rejected by the Deputy Custodian, and an appeal preferred against his order was also dismissed by the Additional Custodian.…

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