Syed ALI IQTIDAR SHAH DARA AND 6 Other vs THE CUSTODIAN, EVACUEE — 1969 SCMR 4

Citation: 1969 SCMR 4

Court: Lahore High Court

Year: 1971

Decision Date: 1971-12-31

Parties: Syed ALI IQTIDAR SHAH DARA AND 6 Other vs THE CUSTODIAN, EVACUEE JUDGMENT

Headnotes

Case cited as 1969 SCMR 4

Judgment Text

Court Name: Lahore High Court Judge(s): Maulvi Mushtaq Hussain Title:Syed ALI IQTIDAR SHAH DARA AND 6 Other vs THE CUSTODIAN, EVACUEE JUDGMENT Reported As: PLD 1972 Lahore 798 Result: Petition accepted Judgment JUDGMENT On 23-4-1935 Bakht Bedar Shah, who was the father of the first three petitioners and grandfather of the other four, sold 1097 kanals of land in Chak No. 223 and 235/R. B., Tehsil and District Layallpur to Sohan Singh, now admittedly an evacuee. Bakht Bedar Shah died in 1945. On 30-10-1947, the petitioners filed the usual declaratory suit as reversioners on the grounds that- (1) the sale was without consideration; (2) it was also without necessity. This suit was filed against Sohan Singh. The Custodian of Evacuee Property was not made a party although the country had become Independent on 14-8-1947 and Sohan Singh had already left for India on account of the disturbances that followed in the wake of Independence. 2. On 19-2-1948, the suit for possession was decreed in favour of the three sons. On 1-3-1948 they took over possession of the land. On 24-10-1950 the petitioners presented an application under section 18 of Ordinance XV of 1949 for a declaration before the Deputy Custodian of Evacuee Property that the land in dispute was not evacuee property. By his order dated 26-3-1952, the Deputy Custodian granted the declara--tion prayed for and sent his orders to the Additional Custodian of Evacuee Property for confirmation. 3. On 12-6-1952, the Additional…

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