PLD 1975

P L D 1975 Karachi 691 (PLP)

MUHAMMAD HUSSAIN alias KALA-Petitioner Versus CUSTODIAN OF EVACUEE PROPERTY, WEST PAKISTAN, KARACHI AND ANOTHER-Respondents

Jurisdiction / Court
Decided Date
Petition No. 458 of 1970, decided on 19th May 1975.
Honorable Judges
Agha Ali Hyder, J
Case Reference Summary (AEO Optimized)
Citation P L D 1975 Karachi 691 (PLP)
Forum / Court
Bench Members Agha Ali Hyder, J
Parties MUHAMMAD HUSSAIN alias KALA-Petitioner Versus CUSTODIAN OF EVACUEE PROPERTY, WEST PAKISTAN, KARACHI AND ANOTHER-Respondents
Primary Law (a) Permanent Transfer (Houses and Shops) Rules, 1961, (b) Pakistan (Administration of Evacuee Property) Act (XII of 1957)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in P L D 1975 Karachi 691 (PLP)?

This judgment primarily cites: (a) Permanent Transfer (Houses and Shops) Rules, 1961, (b) Pakistan (Administration of Evacuee Property) Act (XII of 1957) as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case P L D 1975 Karachi 691 (PLP)?

The case was heard and decided by the bench comprising: Agha Ali Hyder, J.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: P L D 1975 Karachi 691 (PLP) (MUHAMMAD HUSSAIN alias KALA-Petitioner Versus CUSTODIAN OF EVACUEE PROPERTY, WEST PAKISTAN, KARACHI AND ANOTHER-Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

(a) Permanent Transfer (Houses and Shops) Rules, 1961 (b) Pakistan (Administration of Evacuee Property) Act (XII of 1957)

Representation

  • Ghulam Husain Abasi for Petitioner.
  • Saeeduzaman Siddiqui for Respondent No. 2.
  • Dates of hearing : 18th November 1974; 14th, 18th and 20th March 1975.

Headnotes / Summary

Rr. 6 & 7-Finality of permanent transfer cannot be questioned only if transfer deed issued in respect of evacuee property-Transfer ,deed issued in respect of property which in fact not evacuee-Property would not thus be converted into evacuee property-Issuance of P. T. D. ousts jurisdiction V Settlement Authorities but not of Custodian, Evacuee Properties. Abdul Karim Moosa v. Mohini Bai and 2 others 1972 S C M R 537 Major Mehtab Khan v. The Rehabilitation Authorities and another P L D 1973. S C 451 and Hams Ali v. Custodian of Evacuee Property, Sind and others 1975 SCM R39ref. -- S. 3-Exercise of right of redemption by Muslim mortgagor-Not hit in any manner by protection contained in S.

3. Muhammad Khan and others v. The Chief Settlement and Rehabilitation Commissioner, West Pakistan and another P L D 1962 S C 284 and Suleman and others v. Custodian, Evacuee Property, West Pakistan, Lahore and another P L D 1971 Lab. 77 ref.

Judgment & Decree

‑‑ Rr. 6 & 7‑Finality of permanent transfer cannot be questioned only if transfer deed issued in respect of evacuee propertyTransfer ,deed issued in respect of property which in fact not evacuee‑Property would not thus be converted into evacuee property‑Issuance of P. T. D. ousts jurisdiction V Settlement Authorities but not of Custodian, Evacuee Properties. Abdul Karim Moosa v. Mohini Bai and 2 others 1972 S C M R 537 Major Mehtab Khan v. The Rehabilitation Authorities and another P L D 1973. S C 451 and Hams Ali v. Custodian of Evacuee Property, Sind and others 1975 SCM R39ref. (b) Pakistan (Administration of Evacuee Property) Act (XII of 1957)‑ ‑‑ S. 3‑Exercise of right of redemption by Muslim mortgagor‑Not hit in any manner by protection contained in S.

3. Muhammad Khan and others v. The Chief Settlement and Rehabilitation Commissioner, West Pakistan and another P L D 1962 S C 284 and Suleman and others v. Custodian, Evacuee Property, West Pakistan, Lahore and another P L D 1971 Lab. 77 ref. Ghulam Husain Abasi for Petitioner. Saeeduzaman Siddiqui for Respondent No.

2. Dates of hearing : 18th November 1974; 14th, 18th and 20th March 1975.