CUSTODIAN EVACUEE PROPERTY, AZAD JAMMU AND KASHMIR, MUZAFFARABAD vs MAJID RAFIQUE — 2026 CLC 754 SUPREME-COURT-AZAD-KASHMIR

Case information

Citation: 2026 CLC 754 SUPREME-COURT-AZAD-KASHMIR
Court: Supreme Court of Pakistan
Year: 2026
Reporter: CLC
Parties: CUSTODIAN EVACUEE PROPERTY, AZAD JAMMU AND KASHMIR, MUZAFFARABAD vs MAJID RAFIQUE
Subject matter: Civil
Provisions referred to: S. 18-

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

Judgment text as reported

CUSTODIAN EVACUEE PROPERTY, AZAD JAMMU AND KASHMIR, MUZAFFARABAD VS MAJID RAFIQUE. Ss.18-a(2) & 25(2)(p), (q)---Evacuee Property allottees (Compensation) Order, 1967, Para-3---Evacuee property---Transfer of proprietary rights from refugee/allottee to transferees through gift deed---award of compensation after acquisition---Custodian Evacuee Property ordered deduction of cost of property and service charges from the compensation amount from transferees in terms of S.18-a(2) of the Pakistan administration of Evacuee Property act, 1957 (act)---Transferees challenged such order through writ petition, which was accepted in terms of proviso to Para-3 of the Evacuee Property allottees (Compensation) Order, 1967 (Order)---Validity---Proviso to Para-3 of the Order relates to allottee, whereas, the land was transferred through gift-deed and the deduction had been made from transferees and not the allottee, and in view of S.18-a(2) of the act in case of transfer of property by the allottee, the transferees shall pay to the Custodian the prescribed cost of property---Transferees had already paid the amount, thus, requirement of S.18-a(2) of the act had been complied with and deduction of amount by.

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