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-; S. 25

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 the Custodian in lieu of compensation of proprietary right was not just---Under S.25(2)(p) & (q) of the act the Custodian was vested with the powers to create a charge on evacuee property, incur or allow any expenditure to be incurred in the prescribed manner, thus, service charges had rightly been deducted before making of payment of compensation to the transferees---appeal was accepted, in circumstances, however, deduction of amount to the extent of cost/compensation of proprietary rights was partly set aside.

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