ABDUR REHMAN AND 5 Others vs THE CUSTODIAN, EVACUEE PROPERTY, — 1971 SCMR 769

Citation: 1971 SCMR 769

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Parties: ABDUR REHMAN AND 5 Others vs THE CUSTODIAN, EVACUEE PROPERTY, JUDGMENT

Headnotes

Case cited as 1971 SCMR 769

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Mujibur Rahman Khan, Sajjad Ahmad Jan Title:ABDUR REHMAN AND 5 Others vs THE CUSTODIAN, EVACUEE PROPERTY, JUDGMENT Reported As: 1971 SCMR 769 Result: Leave Refused Judgment JUDGMENT SAJJAD AHMAD, J.-In this petition for special leave, the dispute relates to a house, bearing No. C. B. 1. 1-146, situated on Paris Road, Pooran Nagar, Sialkot, which declared as non---evacuee property by the Custodian, by his order dated the 28th of November 1962. The said house originally belonged to a non-Muslim named Wali Ram, who sold to one, Chooni Lal, on the 18th of March 1943. The latter in turn, sold it to Muhammad Sharif, the father of the respondents Nos.4 to 9, and his brother, Allah Rakha, by execution of a sale deed dated the 29th of September 1947, executed at Nairobi, in East Africa. Chooni Lal, the afore-mentioned, who was a resident of Sialkot, had left his home town in the year 1945 long before Partition and had settled down in Nairobi, where he took up the British citizenship. On the 30th of August 1954, Muhammad Sharif, aforesaid, had moved an application to the Deputy Custodian at Sialkot, under section 18 of the Pakistan (Administration of Evacuee Property) Ordinance, 1949, for a declaration that the property was non-evacuee. This application was rejected by the Deputy Custodian, and an appeal preferred against his order was also dismissed by the Additional Custodian. However, on a revision petition, the learned Custodian,…

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