Alhaj ABDUL HAMID vs CUSTODIAN, EVACUEE PROPERTY — 1982 CLC 1842

Citation: 1982 CLC 1842

Court: Lahore High Court

Year: 1966

Decision Date: 1966-05-04

Parties: Alhaj ABDUL HAMID vs CUSTODIAN, EVACUEE PROPERTY

Headnotes

Case cited as 1982 CLC 1842

Judgment Text

Court Name: Lahore High Court Judge(s): S. A. Mahmood, Shakirullah Jan Title: Alhaj ABDUL HAMID vs CUSTODIAN, EVACUEE PROPERTY Case No.: Writ Petition No. 627 of 1960 Date of Judgment:1966-05-04 Reported As: 1982 CLC 1842 Result: M. JUDGMENT JUDGMENT S. A. MAHMOOD, J.----The property in dispute bears No. S.E. VI. R. 67-69 and S.E VI. 29-S-24 (Khasra Nos. 1045 to 1046) situate at Mayo Road, Garhi Shahu, Lahore. The petitioner's case is that the property was originally owned by Narotam Lal and Mst. Tara Devi evacuees and Mr. Yusuf Sethi his were Mst. Sakina Bibi, Mr. Saeed and non-Muslim Home through Mr. Yusaf Sethi acquired 5/14th share-by an agreement on the 1st of March, 1947 and a sale-deed which was registered on the 17th of July, 1947. The. Consideration was paid to the evacuees before the Sub-Registrar. Subsequently Mr. Abdul Hamid petitioner acquired 5i14th share in this property from. Mr. Yusaf Sethi, etc., by a registered sale-deed of the 5th July, 1955. . He moved the Tehsildar for sanctioning the mutation in his name in the revenue records but he declined. On 3rd March, 1959, he directed the petitioner to produce a no objection certificate and he made an application to the Deputy Custodian in August, 1959, under section 21 of Act X11 of (957 for obtaining a no --objection certificate. The Deputy Custodian, Evacuee Property, rejected the application as being barred by time, as the execution of sale-deed by the evacuees was on 17th July, 1947 and the application…

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