| Case ID |
eccae598-85b8-41b2-bb21-e5f0037c8abc |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. 225 |
| Decision Date |
Dec 08, 1970 |
| Hearing Date |
Dec 08, 1970 |
| Decision |
The Supreme Court found that the petitioners, who were allottee-transferees of a property originally owned by Chooni Lai, had no merit in their petition. The Court upheld the Custodian's declaration that Chooni Lai was a non-evacuee, as he had not left Pakistan for any other country after the partition. The application for the property was deemed time-barred, and the discretionary power of the Custodian was upheld by the High Court. Thus, the Supreme Court dismissed the petition. |
| Summary |
This case revolves around the determination of whether certain properties were classified as evacuee property under the Pakistan (Administration of Evacuee Property) Act of 1957. The Supreme Court of Pakistan ruled on a petition involving a house in Sialkot that was declared non-evacuee. The original owner, Chooni Lai, had left for Nairobi before the partition and retained British citizenship. The Court concluded that the claim made in Bharat by Chooni Lai's brother did not affect his status as a non-evacuee. The judgment emphasized the importance of jurisdiction and the discretionary powers of the Custodian, which were upheld despite the time-barred nature of the application. This ruling is significant for cases involving property rights and the classification of evacuee assets, particularly in the context of post-partition laws in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SAJJAD AHMAD,
M. R. KHAN
|
| Lawyers |
Saeed Akhtar, Advocate Supreme Court,
Tanvir Ahmad, Advocate-on-Record
|
| Petitioners |
5 others,
ABDUR REHMAN
|
| Respondents |
8 others,
Lahore High Court,
THE CUSTODIAN, EVACUEE PROPERTY, PUNJAB
|
| Citations |
1971 SLD 385 = 1971 SCMR 769
|
| Other Citations |
Not available
|
| Laws Involved |
Pakistan (Administration of Evacuee Property) Act (XII of 1957)
|
| Sections |
2(2),
18
|