| Case ID |
3a5b7cb7-e7e4-4d15-a640-4c5e12b65fd3 |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No. 117 of 1993 |
| Decision Date |
Feb 09, 1994 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the writ petition filed by the Custodian of Evacuee Property, stating that the property in question had not been treated as evacuee property at any time before the crucial date of January 1, 1957. The court emphasized that the Custodian lacked authority to declare the property as evacuee post the crucial date and upheld the decision of the District Judge which had rejected the Custodian's application to be impleaded in the ongoing ejectment proceedings. The court concluded that the prolonged litigation initiated by the Custodian was unwarranted and directed the petitioner to pay special costs to the respondent. |
| Summary |
This case revolves around the legality of declaring a property as evacuee property under the Pakistan (Administration of Evacuee Property) Act, 1957. The primary legal question was whether the Custodian of Evacuee Property had the authority to declare a property as evacuee after January 1, 1957, a crucial date established by law after which no properties could be treated as evacuee unless action had commenced prior to that date. The Supreme Court ruled against the Custodian, reinforcing the legal precedent that properties not previously declared evacuee before the crucial date are beyond the jurisdiction of the Custodian. The ruling highlights the importance of adhering to statutory timelines in property law, particularly in the context of the complex legal framework governing evacuee properties in Pakistan. This case serves as a significant reference point for future disputes involving the jurisdiction of custodians over properties claimed as evacuee, ensuring that property rights are protected and that claims are substantiated within the legal framework established by the law. |
| Court |
Supreme Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
SYED MNZOOR HUSSAIN GILANI, J
|
| Lawyers |
Ashfaque Hussain Kiani for Petitioner,
Sardar Rafique M. Khan,
Syed Siddique H. Bukhari,
Farooq Hussain Kashmiri for Respondents
|
| Petitioners |
CUSTODIAN, EVACUEE PROPERTY OF AJ&K, MUZAFFARABAD
|
| Respondents |
3 others,
RENT CONTROLLER, MUZAFFARABAD
|
| Citations |
1994 SLD 1338,
1994 CLC 1100
|
| Other Citations |
PLD 1964 (W.P.) Lah. 351,
PLD 1954 F C 74,
PLD 1961 Kar. 589,
PLD 1963 (W.P.) Lah. 188,
PLD 1964 (W.P.) Lah. 274
|
| Laws Involved |
Pakistan (Administration of Evacuee Property) Act (XII of 1957),
Azad Jammu and Kashmir Rent Restriction Act, 1986,
Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)
|
| Sections |
3,
7,
22,
23,
44
|