Dandumal vs Evacuee Property Inquiries Tribunal — 1969 SCMR 686

Citation: 1969 SCMR 686

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Headnotes

Case cited as 1969 SCMR 686

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s):Salahuddin Ahmad, Hamoodur Rahman, Sheikh Anwarul Haq, Muhammad JUDGMENT Reported As: PLD 1970 Supreme Court 379 Result: A. Judgment JUDGMENT ANWARUL HAQ, J.-This appeal, by leave of the Court, is directed against the judgment of a Division Bench of the High Court of West Pakistan at Karachi, dated the 7th of January 1966, whereby a constitution petition filed by the appellant to challenge the correctness and legality of an order passed by the Evacuee Property Inquiries Tribunal was dismissed. The relevant facts are that one Dandumal bad two sons-- Hotchand and Teckchand. Hotchand died before Partition and was survived by his son Dayaram, who also died before Partition and was survived by his widow Sharimad Parbati Bai. Teckchand died in March 1951, leaving behind widow Shri--mati Lachhmi Bai and two sons, Lachhmandas and Assudomal. It is claimed that Lachhmandas, Assudomal. Shrimati Parbati Bat and Lachhmi Bat constituted a joint Hindu family owning considerable areas of agricultural land in district Tharparkar. On the 1st of June 1950, Mr. Akber Hussain, the Custodian of Evacuee Property, made a brief order "in the matter of an appeal under section 36 of Ordinance No. XV of 1949", which Is as follows :- "The case was adjourned at the request of the Rehabilitation Commissioner. The application is not contested. Teckchand and his sons Assudo and Lachhmandas and the two minor sons of Lachhman are proved to have resided in…

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