NAJIB ASLAM vs State Ss — 2023 MLD 1061 LAHORE-HIGH-COURT-LAHORE

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

NAJIB ASLAM VS State Ss. 6 & 12---Evacuee property---Possession---Cancellation of decree---Respondent got land in question mutated in his name on the basis of judgment and decree passed by Trial Court in year 1952, which land was an evacuee land---Predecessor-in-interest of appellants sought cancellation of land in question from the name of respondent but he remained unsuccessful---Held, that after creation of Pakistan, all evacuee properties abandoned by non-Muslim evacuees stood vested with Central Government of Pakistan, who by operation of law had become owner of land in question under S. 6 of Pakistan (Protection of Evacuee Property) Ordinance, 1948--- Bar was imposed under S. 12 of Pakistan (Protection of Evacuee Property) Ordinance, 1948, regarding transfer of any evacuee property on or after 1-8-1947, and all issues regarding such evacuee lands stood vested in the jurisdiction of Custodian---Appellants as well as respondent did not agitate the matter before such statutory forum---Respondent after lapse of a period of about 7 years challenged the transaction/sale deed dated 5-6-1944 before Civil Court on 1-10-1951 knowing that vendees after abandoning their lands had migrated to India---Respondent instituted a civil suit in Civil Court without arraying Central Government or Custodian as party to such civil suit---Suit was malafidely filed against non-Muslim vendees who were not living in Pakistan, rather they had migrated to India in the year 1947---Such suit land vested in government and respondent by committing fraud obtained decree from Civil Court without arraying necessary parties---Such decree was inexecutable as the same was passed without jurisdiction and was in itself void in nature and was devoid of creating any right---Division Bench of High Court directed revenue authorities to take necessary action against mutation in favour of respondent, which was based upon void and inexecutable decree---Division Bench of High Court declined to interfere in the judgment passed by Judge in Chambers of High Court---Intra Court Appeal was dismissed, in circumstances.

NAJIB ASLAM vs State Ss — 2023 MLD 1061 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported

Other judgments reported in 2023 MLD