Requisition of property
Requisition of property legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
Properties owned by deceased were requisitioned on 01-07-1947 and were subsequently acquired vide notification dated 27-06-1955
Compensation fixed by government was received by owners of properties
Later on, sole arbitrator was appointed who gave his award
Successors-in-interest of the deceased owners of properties, being dissatisfied with the award, assailed the same
Plea raised by authorities was that appellants failed to prove that they were legal heirs of the deceased owners and amount of compensation was received under protest
Validity
Burden to prove their authority to claim compensation and their status as legal heirs of owners of properties in question was on appellants in terms of Arts.118 & 119 of Qanun-e-Shahadat, 1984
If no evidence was asked in such regard, it was the appellants who would fail in absence of any document showing undisputedly their authority and legal heirship
Merely showing names of some persons as legal heirs of deceased in some court proceedings, which were not concerned with any issue of heirship between the parties, normally would not make them entitled to inheritance of that person under any law, unless they were declared so under competent court of law
Appellants failed to establish themselves as legal heirs or successors-in-interest of the original owners of subject properties
No document was produced by appellants to satisfy that amount was accepted under protest
If that was the position, the owners should have immediately filed appeal against the same within stipulated time of 15 days but for years together there was silence after seeking compensation
Nothing was available on record to show that in terms of Art.17 of Limitation Act, 1908, appellants filed any suit for recovery of compensation against authorities within one year of acquisition of their properties
High Court set aside award announced by sole arbitrator
Appeal was dismissed under circumstances.
"Requisition of property", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/124957152
Precedents & Case Laws citing "Requisition of property"
P L D 1964 Dacca 24
MD. AMIR HOSSAIN‑PETITIONER Versus PROVINCE OF EAST PAKISTAN AND OTHERS‑Respondents
Court: (c) East Bengal (Emergency) Requisition of Property Act (XIII of 1948) as amended by East Bengal (Emergency) Requisi tion of Property (Amendment) Ordinance, 1960, S. 3 proviso‑ Word "proposal"‑Refers to proposal for starting requisition proceedings in respect of properties required by requiring body --Such proposal requires approval of provincial Government.P L D 1963 Dacca 525
MUHAMMAD TOTA MIA‑ — Petitioner Versus PROVINCE OF EAST PAKISTAN AND ANOTHER
Court: (e) Mala fides‑Cannot be inferred merely from fact that acquiring authority, elected to acquire land under enactment enabling payment of lesser compensation than another enactment East Bengal (Emergency) Requisition of Property Ordinance (XXV of 1959)‑Land Acquisition Act (I of 1894)PLD 1958 Dacca 15
MRS. KHAMA TAHERA BANU‑Appellant Versus COMPENSATION OFFICER, GOVERNMENT OF EAST BENGAL‑Respondent
Court:P L D 1962 Dacca 152
MUHAMMAD TOTA MIA‑Petitioner Versus PROVINCE OF EAST PAKISTAN AND OTHERS Respondents
Court:P L D 1969 Dacca 764
PROVINCE OF EAST PAKISTAN‑Petitioner Versus ASHRAF ALI AND OTHERS‑Opposite‑Parties
Court: It is true that both these two Acts East Bengal (Emergency) Requisition of Property Act, 1948 and Land Acquisition Act, 1894 deal with similar subject‑matter in some respect and the scheme contained in the Land Acquisition Act, 1894 can be referred for a clear understanding of the scheme contained in the East Bengal (Emergency) Requisition of Property Act as both of them are in the same field. This, however, cannot persuade the Court to deviate from the plain meaning of a particular section of the East Bengal (Emergency) Requisition of Property Act. Section 7(e) of the East Bengal (Emergency) Requisition of Proper ty Act as it stood in 1964 clearly lays down that the assessment of compensation for acquisition of property has to be on the basis of the market value of the property during the 24 months preced ing the date of the service of notice under section 5(la). Any contrary scheme in the provision of the Land Acquisition Act cannot be applicable in supersession of the clear meaning of section 7(e) of the East Bengal (Emergency) Requisition of Property Act. The large series of amendments of this section 7(e) and its ultimate adoption in its present form since 1963 strengthens the decision on import and clearly indicates the anxiety of the Legislature in providing a citizen of a somewhat fair compensation and to liberalise the scheme.P L D 1964 Dacca 132
LUTFUNNISSA‑Petitioner Versus THE DEPUTY COMMISSIONER, DACCA AND ANOTHER — Respondents
Court: (b) East Bengal (Emergency) Requisition of Property Act (X111 of 1948), as amended by East Bengal (Emergency) Requisi tion of Property (Amendment) Ordinance 1960, Ss. 3 & 4‑A ---Order under S. 3 appealable under S. 4‑A‑Person failing to avail of remedy‑Cannot invoke provisions of Art. 98, Constitution of Pakistan (1962) unless impugned order be wholly without jurisdiction.1968 S CM R 307
THE PROVINCE OF EAST PAKISTAN — Appellant Versus RAJABUDDIN AHIMED-Respondent
Court: High CourtP L D 1960 Supreme Court (Pak
PROVINCE OF EAST PAKISTAN-Appellant Versus ABDUL AZIZ CHOWDHURY AND OTHERS- Respondent
Court:1994 C L C 715
Ch. MUHAMMAD YOUNIS‑‑‑Petitioner Versus THE PROVINCE OF PUNJAB and 3 others‑‑‑Respondents
Court: LahoreP L D 1964 Supreme Court 475
MUHAMMAD ISMAIL‑Appellant Versus THE PROVINCE OF EAST PAKISTAN AND OTHERS
Court: