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SYED TOSEEF HUSSAIN versus MUNICIPAL COMMITTEE, BHERA


Claims 3, 41 and Displaced Persons (Compensation and Rehabilitation) Act (section XXVIII of 1958), section 4 (1) of the Pakistan (Administration for Equity Property) Act 1957, in the declaration of evacuation property by the Custodian Impact Municipal Committee in the year 1967 Claim filed for. Being the owner of a controversial plot because it was part of a public road and has been in use since 1865, and in turn its title is perfected by negative possession for over 60 years. This was because the suit was resisted on the basis that the controversial plot was owned by non-Muslim evacuees, which was bought by the petitioners' ancestors in an open auction in 1915 by the Municipal Committee. The object was not raised. And the question of whether it was a evacuation or non-evacuation property could only be decided by the custodian of the Iquoi property under the provisions of the Administration for Associal Property Act 1957, the trial court handed over the matter to the custodian, who referred the property to There was a vacancy, therefore, before the trial court, the determination came and the appellate court upheld the decision until a permanent transfer agreement was put aside in favor of the applicant's predecessor, in writing. No declaration in favor of the municipal committee can be approved on the objection to The statement of the petitioners' predecessor, the matter was referred to the Custodian under section 41 of the Pakistan Administration for Vacant Property Act, 1957, who found that the disputed plot was not vacated, thus displacing the persons (compensation and rehabilitation). ) Is not part of the pool of compensation

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