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Writ Petitions Nos. 474 and 710 of 1969, decided on 1st July 1974.
-----Ss. 3 & 16(3)‑Evacuee property--Transfer of‑Jurisdiction‑ Foundation of jurisdiction of Settlement Authorities to transfer -property‑Property must in fact be evacuee property and vested in Central Government after being acquired under notification issued by virtue of S. 3‑Property not evacuee property on date of notifieation- Cannot form part of compensation pool‑Person agreeing to purchase property from a Hindu owner, applying for confirmation of agreement of sale, Custodian approving agreement, issuing certificate under‑-S.16(3), granting permission to file suit for specific performance, suit filed and decreed, sale‑deed executed and registered and later confirmed by Custodian‑Custodian by approving agreement of sale and granting certificate, held, confirmed creation of interest of vendee in property and her being entitled to claim property by filing suit for specific performance of contract‑Property ceased to form part of compensation pool and its later acquisition illegal.
Muhammad Asghar v. Muhammad Hashim P L D 1969 Lah. 237 ref.
Mai. Mehtab Khan v. The Rehabilitation Authority P L D 1973 S C 451 held not applicable.
‑‑ Art. 199‑Point urged at writ stage not raised before lower Tribunal‑Not open to be raised before High Court in writ proceedings.
------Sched. read with S. 3‑Property taken out of evacuee pool before notification under S. 3‑Could not be validly transferred under Act--- P. T. D. issued in respect of such property‑Not sanctified‑Sanctity attached to P. T. D. only when validly issued and order of transfer final.
Anwar Hussain v. Sarfraz Ahmad P L D 1971 S C 669 ; Muhammad Latif Qureshi v. The State 1968 S C M R, 824 ; Rahim Allah v. District Judge and Settlement Commissioner P L D 1912 S C 60 and Fatima Bai v. Ibrahim P L D 1972 Kar. 610 held not applicable.
Masood Hassan for Petitioner.
Hassan Mehmood Baig for Respondents.
Dates of hearing : 18th January; 2nd, 7th February; 12th, 15th and 21st March 1974.
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