Defence of Pakistan Rules, 1965

Historical Context of the Indemnity Ordinance 1975

Rule 16–

Since
there is no evidence and materials on record showing the vendor of the
petitioner or the predecessor–in–interest of the vendor of the petitioner
migrated to India before 1955 and it was declared and treated as enemy property
before the Ordinance and Rules 1965 ceased to have effect, the proceeding
treating the suit plot as vested property in 1980 is illegal and inoperative.

Indu Moti Howlader
vs Additional Deputy Commissioner and others 50 DLR 444.

 

Rule 169(4)–

Debotter
property in any way cannot be taken over as an enemy property and the same
cannot be put to sale.

Laxmi
Janardhan Jew Thakur and 3 others vs Government of the People’s Republic of
Bangladesh, and others 50 DLR 273.

 

Rule 169(4)–

Defines
“Enemy Property”–In view of the compromise decree Hrishikesh Roy had
subsisting right in the disputed property and as such the property could not be
treated as “Enemy Property.”

Parul Kusum
Roy vs Bangladesh 39 DLR 389.

 

Rule
182(1)(b) –

Hrishikesh Roy having no right to possession
and the same having remained in the petitioner and Parul Bala Roy who never
left for India the disputed property does not come within the scope of Enemy
Property and a vested property. Read more

Parul Kasum
Roy vs Bangladesh 39 DLR 389.

 

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