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Letters Patent Appeal No. 119 of 1966, decided on 15th October, 1978.
------S. 23‑Non‑evacuee property‑Restoration of possession‑Land in dispute standing in revenue record in joint khatas of several evacuees‑Respondents declared non‑evacuees by Custodian‑Respon dents held, not entitled to restoration of possession of their share of properties without first obtaining a specific order of Custodian under S. 23, Act XII of 1967 directing restoration of their specific shares.
Yousaf Ali v. Muhammad Aslam Zia and others P L D 1958 S C (Pak.) 104 distinguished.
Lachmandas v. Central Government of Pakistan and another P L D 1973 S C 379 and Mst. Hajra Sughra v. District Judge & Settlement Commissioner, Hyderdabad and others 1969 S C M R 686 fol.
--------S. 7(2) read with Pakistan (Administration of Evacuee Property) Act (XII of 1957), S. 23‑Partition of property‑Evacuee property consisting of a share in land‑Rehabilitation Authority may effect partition by defining share after obtaining permission of Custodian Such permission, however, held, subject to power of Custodian to order restoration under S. 23.
Khalid M. Ishaque for Appellants.
Abdul Majeed Khan for Respondents Nos. 1 and 2.
Nemo for the Remaining Respondents.
Dates of hearing : 24th, 25th and 30th .April, 1978.
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