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Intro‑Court Appeal No. 336 of 1980, decided on 9th July, 1980.
‑‑ S. 16 read with S. 3 (a)‑Words and phrases‑Words "immovable property"‑Definition of immovable property given in S. 3 (a)‑Held, to be read together with provision of S. 16 of Act‑Words 'immov able property' used in S. 16 therefore cover movable as well as immovable property.‑[Words and phrases].
‑‑‑ S. 16‑Disability of land‑holder to sell land‑Landlord, held, may not in certain cases sell land after its release from Court of Wards but he can dispose of standing crops or grass grown thereon.
‑‑‑ S 4(2)‑‑Powers of Court of Wards‑Land‑holder owning movable as well as immovable property--‑Court of Wards, held, pass any order protecting movable property of landholder before assuming superintendence of his property.
Maxwell on Interpretation of Statutes, 1969 Edn., pp. 96, 201 & 203 Nemat Ullah Qureshi and another v. Balqees Sitara P L D 1973 Lab. 442 and Sardar Muhammad v. Mst. Nasima Bibi and others P L D 1966 Lah. 703 ref.
‑.‑ S. 4‑Jurisdiction of Court of Wards‑Held, Court of Wards has jurisdiction to pass ancillary order in relation to final order at any stage of proceedings.‑[Jurisdiction].
--‑‑ S. 4 (2) read with Ss. 11 & 12‑‑Power of Commissioner -Commissioner passing interim orders after matter referred to him by Deputy Commissioner‑ Held, competent to pass interim order for protecting movable as well as immovable property.
Syed Sardar Shah Bokhari v. The Chief Justice and Judges of the West Pakistan, P L. ‑D 1965 S C 479 ; Commissioner, Khairpur Division Khairpur and another v. Ali Sher Sirki P L D 1971 S C 242 ; Sind Employees' Social Security Association and another v. Adamjee Cotton Mills Ltd. P L D 1975 S C 32 ; Falahul Momineen Trust v Abdullah P L D 1970 Kar. 179 ; Zafar Iqbal v. Province of Sind P L D 1973 Kar. 383 ; Ch. Textile Mills Ltd., Lahore v. Central Board of Revenue, Islamabad P C D 1976 Lab. 1392 ; Shahnawaz Limited v. Kh. Autos Cars Limited, Karachi and another P L D 1979 Kar. 38 and Mst. Ghaman v. Taj Din P L D 1968 Lab. 987 ref.
Pir Rafi‑ud-Din Shah for Appellant.
Asadullah Siddiqui for Respondent.
Dates of hearing : 5th and 8th July, 1980.
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