ABDUL KARIM MOOSA vs MOHINI BAI AND 2 Other
The petitioner sought leave to appeal against an order of the High Court of Sind & Baluchistan, which had dismissed his writ petition challenging the Custodian's refusal to approve an agreement for the sale of agricultural land. The petitioner had entered into an agreement to purchase land from respondent No. 1, who subsequently migrated to India without completing the transaction. The core legal question was whether the Custodian retained jurisdiction to approve the sale agreement after the property had been acquired by the Government. The Supreme Court held that because the property in dispute had been acquired by the Government under the Displaced Persons (Land Settlement) Act, 1958, via a notification dated 8th June 1960, it had ceased to be evacuee property. Consequently, the Custodian lacked the jurisdiction to adjudicate upon the validity or approval of the sale agreement. The Court affirmed the High Court's decision, ruling that once property loses its character as evacuee property through government acquisition, the Custodian's authority over it terminates. The petition for leave to appeal was accordingly dismissed.
- Does the Custodian retain jurisdiction to approve a sale agreement regarding property that has been acquired by the Government under the Displaced Persons (Land Settlement) Act, 1958?
- Does property acquired by the Government under the Displaced Persons (Land Settlement) Act, 1958, cease to be evacuee property?
- Section 16(a), Pakistan (Administration of Evacuee Property) Act 1957
- Section 4, Displaced Persons (Land Settlement) Act 1958
ORDER
1. WAHEEDUDDIN AHMAD, J.-The petitioner agreed to purchase from respondent No. 1 agricultural land bearing survery No, 54 in Deh Drigh Tapo Malir measuring 6.27 acres for a lump sum price of Rs. 3,850. He paid Rs. 1,500 as earnest money and agreed to pay the balance at the time of the completion of the sale. Respondent No. 1, without completing the aforesaid con. Tract migrated to India. After a long time, the petitioner applied for the approval of the agreement to file a suit for specific performance of contract. The petition was dismissed in limine by the Custodian. The matter was taken to the High Court of Sind & 'Baluchistan, Karachi, in Writ Petition No. 486 of 1970 and it was urged before the High Court that the Custodian has failed to exercise the jurisdiction vested in him under section 16(a) of Act 12 of 1957. This petition was also rejected by a learned Single Judge of the High Court on the 17th October 972. -The petitioner seeks permission to file an appeal against the said order.
2. Mr. Nathulal J. Bhambhani, learned counsel for the petitioner has not disputed that no application for confirmation of sale has been made to the Custodian and no mutation has been effected in the present case. He also admitted that the petitioner filed an application for approval of the agreement of sale after a lapse of a long period.
3. It further appears that the property in dispute has become non-evacuee property as it has been acquired by the Government', under section 4 of the Displaced Persons (Land Settlement)' Act, 1958, by notification dated the 8th June 1960. Thus, in these circumstances, tile property in dispute was to longer evacuee property and the Custodian was not left with the jurisdiction to consider' question whether the agreement was proper or not. The High Court has rightly held that the Custodian has no jurisdiction.
4. The petition is dismissed.
Cited by 1 case
- AZIZUDDIN vs MUHAMMAD ISMAIL And Other 1985 SCMR 666