Lawyers Directory Listing
Chat with us free on WhatsApp — tell us your city and legal matter and our team connects you with the right lawyer. No form, no fee.
Civil Petition for Special Leave to Appeal No. 860 of 1975, heard on 9th February, 1981.
(On petition against the order of the Lahore High Court dated 20-5-1975 passed in Writ Petition No. 576 of 1970).
-- Art. 199-Writ jurisdiction-High Court holding evacuee interest in land in dispute having been confined to occupancy tenancy at time of Partition and consequently ownership continued to be that of Provincial Government, hence property vested m Custodian only to such extent of interest of evacuee and not beyond-Contention that according to notification issued on 4-7-1952 all grants irrespective of whether payment made or not for acquisition of property of occupancy rights should be treated as evacuee property for purpose of Rehabilitation Settlement Scheme--Held, does not advance petitioner's case due to Punjab Government having no power to declare a property to be evacuee property and such could be done only by Custodian and such not having been done order of High Court not open to exception.
Mian Saeed-ur-Rehman Farrukh, Advocate Supreme Court for Petitioners. Sh..Salahuddin, Advocate-on-Record for Respondents Nos. 4 to 5.
Date of hearing : 9th February, 1981.
Muhammad Bakhsh the predecessor-in-interest of the Petitioners and respondents was allotted land in Chak No. 691/G. B. measuring 201 kanals and 10 marlas in 1954. Soon after the allotment he died on the 12th of June of the same year and a mutation was duly entered. By a subsequent mutation Muhammad Hamza etc. purchased the shop of Fatima and Amir Bibi. The heirs of Fatima and Amir Bibi- filed an appeal and the matter went up to the Member, Board of Revenue, who found that the land belonged to the Provincial Government as the evacuee was only a tenant and consequently Muhammad Bakhsh, the predecessor- in-interest of the ladies, was the beneficiary of the tenancy only and the ownership in the land could not have been transferred to him. In the writ petition the High Court found :-
"It is not disputed as a fact that at the time of partition the evacuee interest in this land was confined to the occupancy rights, the owner ship at that time and even subsequent to it continued to be that of the Provincial Government.
On that view of the matter only to the extent of interest of the evacuee and not beyond the property vested in the Custodian."
2. The petitioners have contended that by a Notification issued on 4-7-1952 and reproduced at page 18 of the file all grants irrespective of whether a payment has been made or not for acquisition of property or occupancy rights should be treated as evacuee property for the purposes of Rehabilitation Settlement Scheme.
3. This does not advance the case of the petitioners as the Punjab Government did not have the power to declare a property to be evacuee property. It could be done only by the Custodian and this has not been done so in the present case. We do not take exception to the order of the High Court and dismiss this petition in limine.
Petition dismissed.
Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.
🔍 Find a Lawyer