| Case ID |
05c698cf-f897-4461-8b0c-ed2d4439fd73 |
| Body |
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| Case Number |
Civil Appeals Nos. K-9 and K-10 of 1963 |
| Decision Date |
May 25, 1965 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the Civil Appeals Nos. K-9 and K-10 of 1963, ruling that the orders made concerning the status of the parties involved were without jurisdiction. The Court emphasized that the status of a person is a matter of personal attributes with respect to rights and liabilities, and the Custodian had no authority to extend the declaration of being a non-evacuee to the brothers of R. S. Roopchand. The Court held that the earlier orders did not treat the properties owned by the family members as evacuee properties up to 4th September 1958, when the Deputy Custodian issued notices for accounting. The findings were based on the interpretation of laws concerning evacuee property and the specific facts of the case, leading to the conclusion that the appeals failed and were dismissed with costs. |
| Summary |
This case revolves around the legal status of R. S. Roopchand and his brothers as members of a joint Hindu family concerning property classification under the Pakistan (Administration of Evacuee Property) laws. The Supreme Court of Pakistan scrutinized various legal provisions, including the Constitution of Pakistan and relevant ordinances and acts, addressing issues such as the jurisdiction of the Custodian regarding evacuee property declarations. The case highlights the complexities involved in the administration of evacuee property, particularly concerning familial ownership and individual rights. The Court's decision reinforces the principle that personal status and property rights are inherently linked, and any declarations made must be specific to the individual rather than extending to family members without proper legal basis. As such, this judgment serves as a critical reference in understanding the legal framework surrounding evacuee property in Pakistan, providing clarity on the interpretation of laws that govern such matters. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
A. R. Cornelius, C.J.,
Muhammad Yaqub Ali,
Abdul Sattar
|
| Lawyers |
Khalid M. Ishaque, Advocate Supreme Court,
Shafiq Ahmad, Attorney for Appellants,
A. K. Brohi, Advocate Supreme Court,
A. S. Pirzada, Advocate Supreme Court,
M. Siddique, Senior Attorney No. 1,
Sayeed A. Sheikh, Advocate,
Yusuf Rafa, Attorney 2 and 3
|
| Petitioners |
Pakistan, through the Secretary, Ministry of Rehabilitation and Works, Government of Pakistan, Karachi,
Additional Rehabilitation Commissioner, Hyderabad,
Assistant Rehabilitation Commissioner, Hala, Hyderabad
|
| Respondents |
R. S. Roopchand,
The Custodian Evacuee Property, South Zone, Karachi,
The Deputy Custodian, Evacuee Property, Hyderabad
|
| Citations |
1967 SLD 72,
1967 PLD 479
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1956),
Pakistan (Administration of Evacuee Property) Ordinance (XV of 1949),
Pakistan (Administration of Evacuee Property) Act (XII of 1957)
|
| Sections |
Art. 160,
S. 3,
S. 3(1)
|