| Case ID |
205c67b7-5d8d-4008-b206-6fe3a6cc6763 |
| Body |
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| Case Number |
Civil Appeal No. 100 of 1960 |
| Decision Date |
Feb 20, 1961 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the appeal by Seth Jassumal against the Evacuee Property Inquiries Tribunal's decision, which declared the properties of the deceased Seth Kodumal as evacuee properties. The court held that the making of a will by an intending evacuee was prohibited under the relevant notifications and laws. The court concluded that the deceased had shown an intention to leave Pakistan and settle in India, which affected the validity of the will made in favor of the appellant. The decision emphasized that the will did not create a right or interest in the properties due to the restrictions imposed by the Ordinance and notifications concerning evacuees. |
| Summary |
In the case of Seth Jassumal vs. The Central Government, the Supreme Court of Pakistan examined the validity of a will made by Seth Kodumal, who was considered an intending evacuee. The court focused on the implications of the Pakistan (Administration of Evacuee Property) Ordinance, 1949, and its notifications, which prohibited certain transactions by individuals classified as intending evacuees. The court determined that the will executed by Kodumal was invalid as it attempted to transfer property rights while he was under the prohibition of the law. This case is significant in understanding the legal constraints surrounding property transfers involving evacuees and the interpretation of such laws within the Pakistani legal framework. Key aspects include the definitions of 'intending evacuee,' the role of notifications in property law, and the nature of wills in relation to property transfers under the Succession Act. The ruling reinforces the necessity for adherence to legal protocols in property transactions, particularly in the context of historical events affecting property rights. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
A. R. CORNELIUS, C.J.,
S. A. RAHMAN,
FAZLE-AKBAR,
B. Z. KAIKAUS,
HAMOODUR RAHMAN, J.
|
| Lawyers |
Dingomal Ramchandani Senior Advocate,
Miss R. S. Qari Advocate,
Siddiq & Co.,
Mushtaq Hussain Additional Advocate General West Pakistan,
G. M. Mirza Advocate,
Iftikhar-ud-Din Ahmad Attorney,
Said Akbar Advocate,
Ijaz Ali Attorney
|
| Petitioners |
SETH JASSUMAL
|
| Respondents |
THE CENTRAL GOVERNMENT, REHABILITATION DEPARTMENT,
THE ADDITIONAL REHABILITATION COMMISSIONER, HYDERABAD AND KHAIRPUR DIVISION
|
| Citations |
1961 SLD 305,
1961 PLD 206
|
| Other Citations |
Harwood v. Goodright I Cowper 87,
Ebrahim Aboobakar and another v. Tek Chand Dolwani A I R 1953 S C 298
|
| Laws Involved |
Pakistan (Administration of Evacuee Property) Ordinance (XV of 1949),
Transfer of Property Act (IV of 1882),
Succession Act (XXXIX of 1925)
|
| Sections |
15,
2 (3-A),
23-A,
5,
104,
332,
333
|