Pakistan (Administration of Evacuee Property), 1949
Execution of Lease agreement–Sale of land by lessee and further sale by lessee–Acceptance of application u/s 3(2) of Punjab Alienation of Land Act, by D.C. holding that Section 12 of Pakistan (Administration of Evacuee Property) 1949 did not oust his jurisdiction concerning property belonging to evacuees–Constitutional petition against order of D.C. disposed of by High Court–Declaratory suit challenging vires of D.C. dismissed by Civil Court–Appeal dismissed by District Judge—High Court accepted appeal on merits and dismissed appeal being barred by time on failure of appellant to attach judgment and decree of trial Court with memo of appeal–Inter Court Appeal–Whether appeal was time–barred-Question of law–Discretion–Exercise of–Supreme Court has considered this proposition of law and held that High Court should have passed order on application of appellant for dispensing with production of certified copy of judgment and since record was available in High Court, prayer in application should have been allowed and discretion should have been exercised in favour of appellant when Court is vested with power to exempt party from performing legal obligation, but such request if declined and in the meanwhile Court has permitted period of limitation prescribed for performance of such obligation to expire, time must be extended by Court to enable party to perform such obligation, because no one can be made to suffer by any act of Court–Court has inherent power and existence of inherent power is to do justice based on sound judicial principles–Appeal accepted. AIR 1947 Calcutta 67; PLD 1999 SC 35; ILR Calcutta Series 1955; PLD 1959 Lah. 946 PLD 1989 SC 532. 2002 Lawvision 130 = PLJ 2002 LAHORE 90
S. 36(5) read with Pakistan (Administration of Evacuee Property) Act (X11 of 1957), S. 43 (6) as amended by Pakistan (Administration of Evacuee Property) (Amendment) Ordinance (LXIlI of 1962) S. 3-Question of Law-Maintainability of Review-Confirmed allottees filed review petitions to the Custodian of Evacuee Property acid based that respondents played fraud upon the Court in suppression of most material facts-Objection as to locus stands of applicant-Held : that power could not be denied to recall’ the earlier order irrespective of the locus standi of the applicant-Acting suo moto on the basis of information coming to notice otherwise than from parties directly interested-Review rightly allowed. P L J 1981 Supreme Court 936
Ss. 2(3) b, 22 & 41–Declaration–Suit for–Suit dismissed by trial court and appeal by Distt : Judge–Writ Petition also dismissed–Challenge to–Property purchases from non-muslim owner, after 1st March 1947 if not confirmed by Custodian under Section 22 of Act, shall be considered as Evacuee Trust Property within terms defined in Section 2(3) by of Pakistan (Administration of Evacuee Property) Act XII of 1957–Petition dismissed. PLJ 1996 SC 206
S. 16. S. 17 (as amended by Act VI of 1951), Ss. 23-A and 34 (3)—Sale (oral) effected in 1942. held, not affected by any provisions of Evacuee laws passed as Ordinance XVIII of 1948 or Ordinance Xll of 1957—Mutations creating or transferring any right in contravention of Ss. 16/23-A restricted by S. 17 (u amended)—Sale effected in 1942, mutation effected in 1947—Approval from custodian not required as matter not covered by S. 34 (3)—What cannot be done directly cannot be allowed to be done indirectly—Property in dispute not allowed to be treated evacuee property indirectly. P L J 1980 Karachi 84
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