HAR GOVIND vs AZIZ AHMAD & ANR.

The Supreme Court held that under Section 38(1) of the Administration of Evacuee Property Ordinance, 1949 and Section 40(1) of the Administration of Evacuee Property Act, 1950, a transfer of property is ineffective unless confirmed by the Custodian, regardless of whether the property was declared evacuee property. The Court found that the respondent had become an evacuee and the Additional Custodian's refusal to confirm the transfer meant the conditions for a valid transfer were not met. Consequently, the appeal was dismissed as the appellant failed to obtain the necessary confirmation before seeking execution of the decree based on the arbitration award.