P L D 1958 Custodian (Lah (PLP)

A. M. JAN.‑

Mr. J. C. L. Nasir applied for a no objection certificate for the sale of a plot of land No. 23 bearing Khasra Nos. 13062/3303, 3305 situated in College Town, Ferozepore Road, Lahore. The certificate was granted by the Deputy Custodian, Lahore, by order dated 21st March 1956, which was sent for confirmation to the Deputy Custodian (General). He held that the land originally belonged to Mrs. Zohra Ilahi Bakhsh, a resident of Lahore, after whose death the estate devolved upon her two brothers, J. C. L. Nasir and S. C. L. Nasir in equal shares. They are Christians like their deceased sister. S. C. L. Nasir is admittedly residing in India and is unable to personally manage, occupy or supervise his property in Pakistan. The question; therefore, is whether the share of S. C. L. Nasir is evacuee property of not. In the confirmation proceedings the Mr. S. C. L. Nasir's half share of the property. He is a Pakistani Christian, resident of Lahore. The order provided that if Mr. S. C. L. Nasir made an application for permission to sell his share that application would be considered on its merits. The order was passed on 15th October 1956. On 23rd October 1957, Mr. S. C. L. Nasir made an application to the effect that he is an Indian National, that he has been living in India for more than 38 years and that Mrs. Zohra Ilahi Bakhsh always wanted to give this property to J. C. L. Nasir and the petitioner had no interest in it. If, however, the Court considered that the petitioner had inherited half of this property on the death of Mrs. Zohra Ilahi Bakhsh then he prayed for permission to sell his half share. It is conceded by the counsel for the petitioner that Mrs. Zohra Ilahi Bakhsh died intestate and her two brothers named above are her sole heirs who inherited the property left by her in equal shares. The point raised by him is that though the petitioner is residing in India and is unable to personally manage, occupy or supervise his property in Pakistan he cannot be treated as an evacuee nor can his property be, treated as evacuee property because section 2, subsection (2), clause (c), is applicable only if the property was in existence on or before 1st March 1947. It is not denied that the land was in existence on and before 1st March 1947 but the petitioner had no right in it as the owner was alive. The right in the property accrued to the petitioner after the death of his sister on 6th June 1950. The contention that property in Pakistan inherited by an evacuee after 1st March 1947 cannot be treated as evacuee property has no force. An evacuee is defined, inter alia, as a person who is a resident of any place in the territories now comprising India or in any area occupied by India and is unable to occupy, supervise or manage in person his property in Pakistan. It is admitted that the petitioner is a resident of India and unable to personally manage, occupy or supervise his property in Pakistan but it is contended that according to para. 2 of clause (c) a person is also an evacuee if he is resident in India and his property in Pakistan has ceased to be occupied, supervised or managed by any person whose authority so to do, on or after 1st March 1947, has not been accepted or approved by the Custodian. From this it is argued that only such property as belonged to an evacuee prior to 1st March 1947 can be treated as evacuee property. This is quite wrong. Suppose that a person residing in India came to Lahore where his father owned property and lived, that his father died in 1950 but he continued to live here and manage, occupy or supervise in person the property left by his father but after a year or so went back to India leaving the property in charge of a manager, that property, though inherited after 1st March 1947, would become evacuee property if the manager left in charge was got accepted or approved by the Custodian. I, therefore, hold that the half share of S. C. L. Nasir in the land mentioned above is evacuee property and direct the Rehabilitation Authority to treat it accordingly. A. H.??????????????????????????????????????????????????????????????????????????????????????????????????? Order accordingly.