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RAMF AHMAD versus CUSTODIAN OF EVAUCEE PROPERTY


The Appellant had specifically raised this point before the High Court on the allotment of land from the provisions of section 3 and 18 of the Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), Pakistan (Administration for Vacant Property) Act, 1957. That the land allotment was also included by his father's family and documentary evidence in support of his dispute, but the High Court did not say whether the dispute was valid or not. , Allocation of vacant property can only be made in favor of the head of the family. And while members of the same family could not make more than one allotment, no inquiry was recorded by the High Court on the turning point as to whether the allottee was withheld from an allotment because he was a member of another family. And he had no independent family. Such a finding was necessary for a fair decision in the matter because if it turns out that it does not have a separate family, its allocation could have a negative impact. Presenting the High Court on this point, it was not possible for the Supreme Court to decide on an appeal on merit. The Supreme Court set aside the High Court's decision and sought remand to decide the matter according to law.

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