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CUSTODIAN OF EVACUEE PROPERTY,AZAD JAMMU AND KASHMIR,MUZAFFARABAD versus SAIF ALI

Sections 3, 22 and 41 of the Azad Kashmir Protection of Equity Property Act, 1950 (Sections 8, 11 and 11 of the Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), Section 42 of the Pakistan (Administration for Equity Property) Act, 1957). The special jurisdiction holder to declare that any property is vacant property or not after the definition of the material on record. , Concluded that the property in the dispute was a vacant property and that the owner / occupier of the review had challenged several persons, claiming that the property in dispute had been restored by the Commissioner of Inquiry. The property in dispute was owned by the defendants and was not an empty property. Respondents claimed that the resettlement authority had declared the property vacant, Custodian said, the property could not be declared an empty property. Custodian alone had the jurisdiction to declare whether the property was vacant or not. Under The Rehabilitation Commissioner was unable to declare the property as immovable High Court without the Appellate Court sitting in the writ jurisdiction of Pakistan's Section 41 (Administration for Equity Property) Act, 1957. , Could not deny his detention, which was a special tribunal of special jurisdiction, simply because he was wrong in estimating the High Court's decision put aside by the Supreme Court. online advocate from Karore Lalisan lawyer