SC hears property dispute involving Hindu family
Appeal is filed against an LHC verdict issued 17 years ago in the case
PHOTO: AFP/FILE
ISLAMABAD:
The top court is adjudicating the matter related to the 70 year old ligation on the property dispute of a Hindu family.
The three judge bench headed by Justice Gulzar Ahmad on Wednesday resumed the hearing of the appeal against 17 years old LHC verdict but the proceedings could not be concluded as counsel for respondent was not available. Now the hearing of matter is fixed in second week of December.
The case has a chequered history. The Late Lala Roshan Lal Kapoor was the owner of a number of properties in Lahore, including the one disputed which is known as 7-Nisbal road.
He passed away in India on March 19, 1945 leaving behind his widow Santosh Lata Kapoor and three minor sons namely Parmod Kumar Kapoor, Vinod Kumar Kapoor and Anod Kumar.
After the partition, the guardian judge Lahore had appointed the widow as guardian of the persons and properties of the minors and also permitted Permod Kumar to continue his studies at Simla (India).
On June 18, 1948, they moved an application before the Custodian under Section 17 of the West Punjab Protection of Evacuee Property Act No V11 OF 1948 for the restoration of their properties. However, litigation on the same matter continued at different forums for the restoration of their properties.
The Custodian Evacuee property in its June 18, 1986 judgment took the view that the property dispute, which extended to the share of the three sons, who left Pakistan had validated and reacquired the status of evacuee property and deemed to have been validly allotted/transferred in favour of claimants/displaced persons.
CJP takes notice of encroachments on Hindu community land
However, the order was challenged in the Lahore High Court where their petition was dismissed on March 26 2001. Later they approached the apex court wherein leave for appeal was granted on January 25 2007.
Akram Sheikh, the counsel for the petitioner said the disputed property of Pakistan non-evacuee Hindus would continue to be non-evacuee. Therefore, the question of reacquiring the status of Evacuee property would not arise merely on the ground that Parmod Kumar Kapoor, Vinod Kumar Kapoor and Anod Kumar, who were citizen of Pakistan left for England on Pakistani passport in 1957/58 respectively.
The petitioner further contends that there was no evidence on record to show that any of their family members had left Pakistan for any place on or after March 1 1947 on account of setting up of the dominions of Pakistan and India or on account of civil disturbances or the fear. Even they went to India for study with the permission of Guardian judge Lahore.
Akram Sheikh said that Kapoor family was singled out by the custodian in his approach and action against the family was unfair, inequitable and discriminatory in nature. Owners and auction purchasers of the disputed property were dragged in unnecessary litigation for more than five decades.
The top court is adjudicating the matter related to the 70 year old ligation on the property dispute of a Hindu family.
The three judge bench headed by Justice Gulzar Ahmad on Wednesday resumed the hearing of the appeal against 17 years old LHC verdict but the proceedings could not be concluded as counsel for respondent was not available. Now the hearing of matter is fixed in second week of December.
The case has a chequered history. The Late Lala Roshan Lal Kapoor was the owner of a number of properties in Lahore, including the one disputed which is known as 7-Nisbal road.
He passed away in India on March 19, 1945 leaving behind his widow Santosh Lata Kapoor and three minor sons namely Parmod Kumar Kapoor, Vinod Kumar Kapoor and Anod Kumar.
After the partition, the guardian judge Lahore had appointed the widow as guardian of the persons and properties of the minors and also permitted Permod Kumar to continue his studies at Simla (India).
On June 18, 1948, they moved an application before the Custodian under Section 17 of the West Punjab Protection of Evacuee Property Act No V11 OF 1948 for the restoration of their properties. However, litigation on the same matter continued at different forums for the restoration of their properties.
The Custodian Evacuee property in its June 18, 1986 judgment took the view that the property dispute, which extended to the share of the three sons, who left Pakistan had validated and reacquired the status of evacuee property and deemed to have been validly allotted/transferred in favour of claimants/displaced persons.
CJP takes notice of encroachments on Hindu community land
However, the order was challenged in the Lahore High Court where their petition was dismissed on March 26 2001. Later they approached the apex court wherein leave for appeal was granted on January 25 2007.
Akram Sheikh, the counsel for the petitioner said the disputed property of Pakistan non-evacuee Hindus would continue to be non-evacuee. Therefore, the question of reacquiring the status of Evacuee property would not arise merely on the ground that Parmod Kumar Kapoor, Vinod Kumar Kapoor and Anod Kumar, who were citizen of Pakistan left for England on Pakistani passport in 1957/58 respectively.
The petitioner further contends that there was no evidence on record to show that any of their family members had left Pakistan for any place on or after March 1 1947 on account of setting up of the dominions of Pakistan and India or on account of civil disturbances or the fear. Even they went to India for study with the permission of Guardian judge Lahore.
Akram Sheikh said that Kapoor family was singled out by the custodian in his approach and action against the family was unfair, inequitable and discriminatory in nature. Owners and auction purchasers of the disputed property were dragged in unnecessary litigation for more than five decades.