| Case ID |
42f26918-c9fd-4ac6-b7b6-01a5b65dad66 |
| Body |
View case body. Login to View |
| Case Number |
Civil Appeal No. 32 of 1967 |
| Decision Date |
May 11, 1973 |
| Hearing Date |
Mar 19, 1973 |
| Decision |
The Supreme Court of Pakistan allowed the appeal and set aside the order of the High Court of West Pakistan, Lahore. The Court held that the Custodian was competent to review the order of confirmation of sale dated December 2, 1953. It was determined that the sale deed was not registered and therefore could not be received in evidence as it violated section 54 of the Transfer of Property Act. The Court emphasized that the property in question could be treated as evacuee property under section 3(2)(b) of the Pakistan (Administration of Evacuee Property) Act, 1957, allowing the successor Custodian to review the previous order. The parties were left to bear their own costs. |
| Summary |
This case revolves around the interpretation of the Pakistan (Administration of Evacuee Property) Act, 1957, particularly focusing on the treatment of properties as evacuee properties and the conditions under which sales could be confirmed by the Custodian of Evacuee Property. The Supreme Court addressed key legal concepts regarding the validity of unregistered sale deeds and the implications of section 54 of the Transfer of Property Act. This ruling clarifies the legal standing of transactions involving evacuee property, establishing a precedent for future cases. The decision provides insights into the procedural powers of the Custodian and the necessary evidence required to substantiate claims of fraud in property transactions. Keywords include 'evacuee property', 'Pakistan law', 'Custodian powers', 'transfer of property', and 'legal precedent'. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Evacuee Property, West Pakistan, Lahore
|
| Judges |
HAMOODUR RAHMAN, C.J.,
WAHEEDUDDIN AHMAD, J.,
SALAHUDDIN AHMED, J.,
ANWARUL HAQ, J.
|
| Lawyers |
Ch. Aziz Ahmad, Advocate Supreme Court,
Iftikhar-ud-Din Ahmed, Advocate-on-Record,
Manzoor Qadir, Senior Advocate Supreme Court,
Khalilur Rehman, Advocate Supreme Court,
Ejaz Ahmad Khan, Advocate-on-Record
|
| Petitioners |
THE CUSTODIAN, EVACUEE PROPERTY, WEST PAKISTAN, LAHORE
|
| Respondents |
RAIS GHAZI MOHAMMAD
|
| Citations |
1973 SLD 242 = 1973 PLD 431
|
| Other Citations |
Syed Ali Iqtidar Shah Dara and others v. The Custodian, Evacuee Property, West Pakistan, Lahore P L D 1964 Lah. 274
|
| Laws Involved |
Pakistan (Administration of Evacuee Property) Act (XII of 1957),
Transfer of Property Act (IV of 1882)
|
| Sections |
20,
3(2)(b),
3(1),
54
|