| Case ID |
2adc24d8-168e-4d40-87d5-953d715b2232 |
| Body |
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| Case Number |
Civil Appeal No. 54 of 1959 |
| Decision Date |
May 31, 1961 |
| Hearing Date |
May 30, 1961 |
| Decision |
The court allowed the appeal, stating that the determination of the status of Bharumal, who died before the introduction of the 1950 regulation, should be assessed under the earlier law. It was found that Bharumal had not been declared an evacuee at the time of his death, and thus the properties in question should not be treated as evacuee properties. The court emphasized that the legal definitions of evacuee and evacuee property were significantly different between the 1948 and 1950 regulations. The appeal was accepted, and the order of the Custodian was quashed. |
| Summary |
The Supreme Court of Pakistan adjudicated the case concerning the status of properties owned by Bharumal, who had died in India shortly after the Partition. The core issue revolved around whether Bharumal was an evacuee and if his properties were to be classified as evacuee property under the regulations enforced at the time of his death. The court determined that the properties were wrongly treated as evacuee property due to a misunderstanding of the relevant laws and regulations. The case highlights the complexities surrounding the classification of properties following the Partition and the legal implications of such classifications. The decision sets a precedent for similar cases involving the interpretation of evacuee property regulations and emphasizes the importance of applying the correct legal framework based on the timeline of events. |
| 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, JJ
|
| Lawyers |
A. K. Brohi, Senior Advocate Supreme Court,
Miss R. S. Qari, Advocate Supreme Court,
Yahya Bakhtiar, Advocate Supreme Court,
S. M. Hanif, Attorney
|
| Petitioners |
GIRDHARI LAL BHARUMAL
|
| Respondents |
others,
CUSTODIAN OF EVACUEE PROPERTY, WEST PAKISTAN
|
| Citations |
1969 SLD 297 = 1969 SCMR 660
|
| Other Citations |
Not available
|
| Laws Involved |
Baluchistan (Administration of Evacuee Property) Regulation (I of 1950),
Baluchistan (Protection of Evacuee Property) Regulation (I of 1948)
|
| Sections |
2(2),
2(3)
|