1968 SCMR 617 (PLP)
SETH SUKHDEV AND- ANOTUER-Petitioners Versus CUSTODIAN OF EVACUEE PROPERTY, WEST PAKISTAN, KARACHI AND OTHERS-Respondents
| Citation | 1968 SCMR 617 (PLP) |
| Forum / Court | High Court |
| Bench Members | S. A. Rahman and Muhammad Yaqub Ali, JJ |
| Parties | SETH SUKHDEV AND- ANOTUER-Petitioners Versus CUSTODIAN OF EVACUEE PROPERTY, WEST PAKISTAN, KARACHI AND OTHERS-Respondents |
Q1: What are the key laws and sections cited in 1968 SCMR 617 (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1968 SCMR 617 (PLP)?
The case was heard and decided by the High Court bench comprising: S. A. Rahman and Muhammad Yaqub Ali, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1968 SCMR 617 (PLP) (SETH SUKHDEV AND- ANOTUER-Petitioners Versus CUSTODIAN OF EVACUEE PROPERTY, WEST PAKISTAN, KARACHI AND OTHERS-Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Riaz Hashmi, Senior Advocate Supreme Court (S. Hamid Husain, Advocate Supreme Court with him) instructed by A. Aziz M. Dastgir, Attorney for Petitioners.
- Nemo for Respondents.
Headnotes / Summary
(On appeal from the judgment and order of the High Court of West Pakistan Karachi Bench, Karachi, dated the 1st May 1967 in Petition No. 325 of 1963). Pakistan (Administration of Evacuee Property) Act (XII of 1957), S. 22-Property declared by Custodian to be evacuee Successor-in-office could not review order of his predecessor and declare property to be non-evacuee.
Judgment & Decree
MUHAMMAD YAQUB ALI, J.-The dispute is in relation to an evacuee plot bearing No. 113 measuring 120 acres situated in Hyderabad. In the first instance Mr. Akbar Hussain, Custodian, by order dated 16-1-1951, declared it to be non-evacuee property, but his successor Mr. Mansur Alam on being moved by one Inayatullah, an allottee, on 3-5-1956 reviewed that order and held the plot to be evacuee property. In 1959, the petitioners moved the Assistant Custodian of Evacuee Property Hyderabad, under section 22 of the Administration of Evacuee Property Act, XII of 1957 for a declaration that the plot in dispute was not evacuee property. The application was rejected and so was the appeal preferred before the Additional Custodian of Evacuee Property. However, on further revision petition Mr. Masud Ahmad, Custodian of Evacuee Property, by order dated the 22nd March 1960, declared the plot to be non-evacuee trust property. The heirs of the said Inayatullah thereupon moved the High Court in writ jurisdiction inter alia on the ground that Mr. Masud Ahmad, Custodian of Evacuee Property did not have the jurisdiction to revise the order of Mr. Mansur Alam dated the 3rd May 1956, by which the plot had been declared to be evacuee property. The learned Judges in the High Court have given effect to the plea of want of jurisdiction raised in the writ petition and set aside the order of Masud Ahmad holding that the entire proceed ings in which the impugned order dated 22nd March 1960, was passed were misconceived. It was urged by the learned counsel that the proceeding before Mr. Mansur Main were of administrative nature and the order passed in those proceedings did not bar the petitioners from applying for a declaration under section 22 of Act XII of 1958. The contention is wholly devoid of force for the order of Mr. Mansur Alam shows that the present petitioners were 4 impleaded as respondents to the application made by Inayatullah for reviewing the order of Mr. Akbar Hussain and that the order dated the 3rd May 1956, was passed on hearing their learned counsel Mr. Dingumal. On the above facts the order of Mr. Masud Ahmed dated the 22nd March 1960. has been rightly set aside by the High Court as without jurisdiction and we see no reason to grant special leave to appeal from that order. The petition is dismissed. Leave refused.