ASHRAF ALI JALALI versus NANAKRAM

Declaring property in dispute a religious property, the section 22 declaration order has been challenged on the basis of religious property: (i) the application under section 22 of the law is not retained in law, (ii) the merit from the bottom of the city survey. Detects custodian search about. In the name of some persons, neither property standing nor Hindu Panchayat Custodian failed to examine the evidence on record and were referred by the courts under the order of the passersby and to deal with the matter according to law. Custodian was remanded

1981 C L C 1016

[Karachi]

Before Fakhruddin G. Ebrahim, J

ASHRAF ALI JALALI AND ANOTHER‑Petitioners

versus

NANAKRAM AND OTHERS‑ Respondents

Petition No. 1261 of 1974, decided on 14th October, 1978.

Pakistan (Administration of Evacuee Property) Act (XII of 1957)‑------

‑‑ S. 22‑Declaration‑Order of Custodian declaring property in dispute as religious property challenged on grounds: (i) application under S. 22 of Act being not maintainable in law, (ii) findings of Custodian on merits being wholly unjustified, (iii) city survey extract showing property standing in names of certain individuals and not in name of Hindu Panchayat ‑ Custodian, failing to examine evidence brought on record and referred to by Courts below‑Order of Custodian set aside and case remanded to Custodian for disposal in accordance with law in circumstances.

S. A. Kirmani for Petitioners.

Kishinchand for Respondents Nos. 2 and 3.

A. Sattar on Court Notice.

Nemo for Respondents Nos. 4 and 5.

Date of hearing : 7th October, 1978.

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