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Petitioner: ABDUL AZIZ VS Respondent: NOOR MUHAMMAD and others
Court Name: Sindh High Court Judge(s): Fakhruddin G. Ibrahim Title: ABDUL AZIZ vs NOOR MUHAMMAD and others Case No.: Constitutional Petition No,505 of 1974 Date of Judgment:1978-08-12 Reported As: 1987 MLD 2343 Result: Petition allowed
JUDGMENT
JUDGMENT ' The petitioner is the purchaser of land in dispute from transferee since the year 1970. On 23-2-1973, the respondent Nos.1 and 2 made an application u/ss.14 and 25 of Act XII of 1957 which was granted by the Deputy Custodian on 14-9-1973 and confirmed by the Custodian on 5-2-1974. When the petitioner ,came to know of these order he filed an appeal before the Custodian who refused to interfere on the ground that the order of the Deputy Custodian, already stands confirmed by him. To my mind this was not a sufficient ground for non-suiting the petitioner for he was entitled to be heard on merits inasmuch as he ought to have been, as recorded owner made a party to the proceedings filed by respondent Nos.1 and 2 under sections 14 and 25 of Act XII of 1957. The order made by the Custodian is, therefore, set aside with the result that the petitioner's appeal will be deemed to .Be pending to be disposed of by the learned Custodian in accordance with law.