HARI KISHAN MEHRA vs CUSTODIAN, EVACUEE PROPERTY AND Other — 1982 SCMR 929

Citation: 1982 SCMR 929

Court: Supreme Court of Pakistan

Year: 1966

Decision Date: 1966-03-03

Parties: HARI KISHAN MEHRA vs CUSTODIAN, EVACUEE PROPERTY AND Other

Headnotes

Case cited as 1982 SCMR 929

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Alvin R. Cornelius, Hamoodur Rahman, Fazal-e-Akbar Title: HARI KISHAN MEHRA vs CUSTODIAN, EVACUEE PROPERTY AND Other Case No.: Civil Appeal No. 72 of 1961 Revision No. 81 of 1959 Date of Judgment:1966-03-03 Reported As: 1982 SCMR 929 Result: Order accordingly JUDGMENT JUDGMENT HAMOODUR RAHMAN, J.-This appeal, by special leave, is directed against an order of the Custodian, Evacuee Property. Leave was granted on the 26th of February, 1960, to consider the contentions raised in the following ground only :- "That in any case the order of the learned Custodian is without jurisdiction as the father of the petitioner had no power or authority to raise this issue on behalf of the petitioner before the Deputy Custodian (General) and in the eye of law there were no proceedings whatsoever pending before the Custodian in relation to the status of the petitioner as to whether he was evacuee or otherwise. As such, the learned Custodian's order is void for this reason alone." The appellant before us is one of the grandsons of one R.I Bahadur Lala Dhanpat R.I, who died sometime in the year 1931 seized and pos--sessed of extensive immovable properties situated at Lahore and leaving him surviving one son Lala Dinanath Mehra and three grand-sons, the appellant and his brothers Jagmohan Mehra and Ram Krishan Mehra. They originally constituted a joint Hindu family governed by the Mitakshra school of Hindu Law, but later when Dinanath Mehra…

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