Respondent vs Appellants — 1972 PLD 321

Citation: 1972 PLD 321

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-12-31

Headnotes

Case cited as PLD 1972 Supreme Court 321

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s):Salahuddin Ahmad, Waheeduddin Ahmad, Hamoodur Rahman, JUDGMENT Reported As: PLD 1972 Supreme Court 321 Result: A. Judgment JUDGMENT HAMOODURRAHMAN,C. J.-This appeal, by special leave, arises out of a judgment of a Division Bench of the former High Court of West Pakistan, Lahore, in a regular second appeal, which was declared to have abated in toto. The dispute In this case relates to House No. 93/1 situated in Mauza Tarragar, Tehsil and District Multan. The respondent claiming that he was the owner of this property as he had himself constructed It out of his own funds some 30 years ago. Applied on the 30th of November 1949, under section 18 of the Pakistan (Administration of Evacuee Property) Ordinance (XV of 1949) for a declaration that the property was not evacuee property, although. In the meantime the appellants or their predecessors-in-interest had been settled therein by the Tehsildar after migration from India. No notice of this application was given to the appellants but the Deputy Custodian, on the 10th of March 1950, allowed the application and sent the case to the Custodian of Evacuee Property for confirmation. The latter confirmed the order on the 30th of May 1950, again, without any notice to the appellants. Thereafter, on the 14th of March 1955, the respondent filed a suit for possession and compensation against the appellants. The appellants, alleging that they had come to know of the declaration only after the…

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