Rasheed Ahmed v. UOI and Ors.

Signature Not Verified Signing Date:18.10.2024 16:47:39 Certify that the digital and physical file have been compared and the digital data is as per the physical file an d no page is missing.

1. The petitioner claims to be the owner of the property. The petitioner claims to have acquired the property from one Sohail Yusuf on 08.01.2000 by way of a registered Purchase Deed. It is further claimed that the said property was mutated in the name of the petitioner on 29.06.2007.

1. It is claimed that the property was owned by Haji Rehman Ilahi and Haji Rehmat Ilahi, who were brothers and had equal share in the said property. It is claimed that Haji Rehmat Ilahi had bequeathed his share in the property to his daughter Mst. Sahid Bano, who in turn had gifted her share in the property to Sohail Yusuf. It is ftirther claimed that the Will of Haji Rehmat Ilahi was subject matter of disputes in suit no. 1325/1983, which was subsequently referred to arbitration. The arbitrator, Zafar Ali Multani, had delivered an arbitral award dated 20.10.1984 upholding the bequest in favour of Sahid Bano as well as the gift in favour of Sohail Yusuf

1. It is stated that Haji Rehman Elahi, bequeathed his share of the property to his grandson Abdul Rehman. Abdul Rehman in turn had gifted half share of the said property to Sohail Yusuf Thus, Sohail Yusuf became the absolute owner of the property having acquired both the shares of Haji Rehmat Ilahi as well as Haji Rehman Ilahi.

1. By the impugned order, the Custodian held that Haji Rehman Ilahi was a Pakistani national at the time of his demise and his properties vested with the Custodian by virtue of the Act. He, accordingly, held that half share of the property (which belonged to Haji Rehman Ilahi) vested with the Custodian.

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