1981 PLP 1219 (CLC)
SULEMAN (REPRESENTED BY HIS HEIRS) AND 11 OTHERS‑Appellants Versus ROCHOMAL AND 19 OTHERS‑Respondents
| Citation | 1981 PLP 1219 (CLC) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | SULEMAN (REPRESENTED BY HIS HEIRS) AND 11 OTHERS‑Appellants Versus ROCHOMAL AND 19 OTHERS‑Respondents |
| Primary Law | (b) Pakistan Rehabilitation Act (XLII of 1956)‑ |
Q1: What are the key laws and sections cited in 1981 PLP 1219 (CLC)?
This judgment primarily cites: (b) Pakistan Rehabilitation Act (XLII of 1956)‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1981 PLP 1219 (CLC)?
The case was heard and decided by the Karachi bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1981 PLP 1219 (CLC) (SULEMAN (REPRESENTED BY HIS HEIRS) AND 11 OTHERS‑Appellants Versus ROCHOMAL AND 19 OTHERS‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Abdul Majeed Khan for Respondents Nos. 1 and 2.
Headnotes / Summary
S. 23‑Non‑evacuee property‑Restoration of possession‑Land in dispute standing in revenue record in joint khatas of several evacuees‑Respondents declared non‑evacuees by Custodian‑Respon dents held, not entitled to restoration of possession of their share of properties without first obtaining a specific order of Custodian under S. 23, Act XII of 1967 directing restoration of their specific shares.
S. 7(2) read with Pakistan (Administration of Evacuee Property) Act (XII of 1957), S. 23‑Partition of property‑Evacuee property consisting of a share in land‑Rehabilitation Authority may effect partition by defining share after obtaining permission of Custodian Such permission, however, held, subject to power of Custodian to order restoration under S. 23.
Judgment & Decree
S. 23‑Non‑evacuee property‑Restoration of possession‑Land in dispute standing in revenue record in joint khatas of several evacuees‑Respondents declared non‑evacuees by Custodian‑Respon dents held, not entitled to restoration of possession of their share of properties without first obtaining a specific order of Custodian under S. 23, Act XII of 1967 directing restoration of their specific shares. Yousaf Ali v. Muhammad Aslam Zia and others P L D 1958 S C (Pak.) 104 distinguished. Lachmandas v. Central Government of Pakistan and another P L D 1973 S C 379 and Mst. Hajra Sughra v. District Judge & Settlement Commissioner, Hyderdabad and others 1969 S C M R 686 fol. (b) Pakistan Rehabilitation Act (XLII of 1956)‑
S. 7(2) read with Pakistan (Administration of Evacuee Property) Act (XII of 1957), S. 23‑Partition of property‑Evacuee property consisting of a share in land‑Rehabilitation Authority may effect partition by defining share after obtaining permission of Custodian Such permission, however, held, subject to power of Custodian to order restoration under S. 23. Khalid M. Ishaque for Appellants. Abdul Majeed Khan for Respondents Nos. 1 and 2. Nemo for the Remaining Respondents. Dates of hearing : 24th, 25th and 30th .April, 1978.