FAZAL DIN AND 14 OTHERS vs THE CUSTODIAN, EVACUEE PROPERTY, LAHORE — 1971 PLD 779

Citation: 1971 PLD 779

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Parties: FAZAL DIN AND 14 OTHERS vs THE CUSTODIAN, EVACUEE PROPERTY, LAHORE JUDGMENT

Headnotes

Case cited as PLD 1971 Supreme Court 779

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Mujibur Rahman Khan, Sajjad Ahmad Jan, Muhammad Yaqub Ali Khan Title:FAZAL DIN AND 14 OTHERS vs THE CUSTODIAN, EVACUEE PROPERTY, LAHORE JUDGMENT Reported As: PLD 1971 Supreme Court 779 Result: Appeal dismissed Judgment JUDGMENT SAJJAD AHMAD, J.--The brief history of this case, which has been brought to this Court by special leave, is as follows: The land in dispute was originally held by the Sukkur Barrage authorities, and was granted to some Hindus, who paid a few instalments for acquiring proprietary rights therein, but defaulted in making payment of the remaining, and subsequently became evacuees on the Partition of the sub- continent. The appellants, who are refugees from India, on arrival in Pakistan in the year 1948, were temporarily allotted these lands by the Rehabilitation Department. It appears that the Barrage authorities, acting on the terms and conditions of the grants made to the Hindu evacuees, cancelled the grants and resumed the lands on the 26th of April 1949. Following this cancellation, the Rehabilitation Commissioner informed the Barrage authorities on the 22nd of May 1951, that the lands in dispute belonged to the Barrage authorities and that they could deal with them as they liked. Upon this, the Barrage authorities made fresh grants of these lands in favour of the appellants on payment of the initial instalment of with of the price. Notwithstanding this disposal of the lands by the Barrage authorities,…

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