Pir SALEH SHAH AND 6 Others vs THE CUSTODIAN OF EVACUEE PROPERTY, — 1971 SCMR 543

Citation: 1971 SCMR 543

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Parties: Pir SALEH SHAH AND 6 Others vs THE CUSTODIAN OF EVACUEE PROPERTY, JUDGMENT

Headnotes

Case cited as 1971 SCMR 543

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Waheeduddin Ahmad, Mujibur Rahman Khan Title:Pir SALEH SHAH AND 6 Others vs THE CUSTODIAN OF EVACUEE PROPERTY, JUDGMENT Reported As: 1971 SCMR 543 Result: Appeal dismissed Judgment JUDGMENT M. R. KHAN, J.-This appeal, by special leave, is directed against the order of a Division Bench of the former High Court of West Pakistan, Lahore, by which the appellants' Writ Petition No. 509 of 1963 was dismissed in limine. The subject-matters of the said writ petition were 290 kanals of agricultural lands in village Tootwala, Tehsil and District Montgomery, recorded in Khata No. 1, Khatauni Nos. 732 to 736, 743, 747 to 750, 752 to 756, 764, 766 and 773 to 775 as per jamabandi of 1942-43 and 28 kanals of agricultural lands in village Chak Noor Shah, Tehsil and District Montgomery, recorded in Khata No. 1, Khatauni Nos. 58 to 62 as per jamabandi of 1945-46. These lands shall hereinafter be called the `disputed lands'. The facts of the case, as it appears from the writ petition and the other materials placed on record by the appellants, were as follows :- The disputed lands were tenanted lands, and the appellants were the landlords in respect thereof. All the tenants concerned were non-Muslims. On the 28th May 1948, the appellants made three applications under section 8 of the West Punjab Protection of Evacuee Property Act, 1948. Two of these applications related to the appellants' lands in the villages Chak Noor Shah…

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