1972 PLP 406 (SCMR)

FAZLE‑AKBAR, J.‑‑‑This appeal by a special leave has been brought before this Court by Qazi Asadul Haq against an order of the Custodian bf Evacuee Property, Lahore. The facts briefly are as follows. Since 1951 the appellant is occupying one of the three houses built by the Late Mr. R: B. Mangat Rai at Abbottabad on a land in which he had occupancy rights. In 19.38 Mangat Rai died leaving two sons E. N. Mangat Rai and C. R. Mangat Rai anti two daughters Miss P. B. Mangat Rai and Mrs. L. S, Lal. In 1951; Miss P. B. Mangat Rai who has all along been living in Pakistan sold the above property` on behalf of herself and as agent of her co‑sharers to Miss R. A. Money, Miss L. Money and Mr. Walter Money (hereinafter referred to as the vendees). The vendees then applied to the Rent Controller to eject the appellant on the ground of non payment of rent. He resisted the application on the ground that the property in question was evacuee property. The vendees them applied to the Deputy Custodian, Hazara for correcting the entry in his record regarding the ownership of the property. The Rent Controller also made a reference to the said Deputy Custodian on the question whether the property was evacuee property. On the petition of this appellant, he vas made a party in the proceed ings pending before the Deputy Custodian. After hearing the parties the Deputy Custodian held that the property‑ belonged only to two sons of Late Rai Bahadur Mangat Rai and as they were resident of India the property was evacuee property. The vendees then filed two petitions before the Custodian, Peshawar, against the order of the Deputy Custodian. The said cases were transferred by the Central Government to the Custodian Lahore. He held that the two sons and two daughters of Mangat Rai were entitled to equal shares in the property ‑in question and that only one‑half of the property that is, the shares of the two sons, was evacuee property. The appellant is challenging the propriety of the above order. At the time of hearing of the appeal the learned counsel for the contesting respondent produced a copy of a letter from the Ministry of Rehabilitation, Government of Pakistan, to the Chief Settlement Commissioner, Lahore, according approval to the transfer of this property in favour of the respondent Miss R. A. Money. As the appellant was taken by surprise we granted his prayer for time in order to give him an opportunity to examine the effects of this letter upon this appeal. We ourselves also wanted to be satisfied as to the issue and the effect of the letter by a formal statement made in this behalf by the Rehabilitation Authority. We, therefore, adjourned the case and ordered for issue of a notice on the said Authority who is respondent ' No. 8 in this appeal to appear and state whether such a letter has in fact been issued and what they conceive to be the effect of this letter upon the case. Mr. Ishaq Muhammad, Settlement Commissioner (Legal) has stated before us that.. the Central Government has accorded approval to the transfer of this property and the Chief Settlement Commissioner will execute the necessary documents in favour of the vendee Miss R. A. Money. The letter of the Government is as follows :‑‑ "From S. Ali Raza, Esquire, Section Officer. To The Chief Settlement Commissioner, 11‑Egertor Road, Lahore. Subject :‑Disposal of erstwhile evacuee property otherwise than under the Schedule to the Displaced Persons (Compensation and Rehabilitation) Act. Sir, I am directed to forward herewith a copy of order dated the 31st. July 1959, passed by the Custodian of Evacuee Property in Appeal No. 16 of 1959 and to, say that in exercise of the powers conferred by clause (b) of section 10 of the Displaced Persons. (Compensation and Rehabilitation) Act, 1958, the Central Government is hereby pleased to accord approval to the transfer of the following properties, namely : House Nos.' 2646, 2647 and 2648 situated in Abbottabad to Miss R. A. Money in consideration of the sale transaction entered into by her with the evacuee owners thereof.

2. It is requested that action may kindly be taken accord ingly in direct consultation with the transferee who has been ` advised to contact the Settlement Organisation for the purpose. Your obedient servant, (Sd.) S. Ali Raza Section Officer." We are satisfied that clause (b) of section 10 of the Displaced Persons (Compensation and Rehabilitation) Act and the subse quent amendments empower the Central Government to accord . approval of transfer of evacuee property and to authorise the Chief Settlement Commissioner to execute the necessary sale deed. ' In these circumstances, the incident of evacuee property cannot any longer attach to the property in question. The appeal has thus become infructuous and it is accordingly dismissed, but without any order as to costs. ‑ Appeal dismissed.