HAFIZ WASHI AHMAD vs KUTUBUDDIN & ORS.

The Supreme Court held that the question of whether the property in dispute, specifically Plot No. 1499, is evacuee property under the Administration of the Evacuee Property Act, 1950, requires factual adjudication at trial. The Court emphasized that if the property is found to be evacuee property, it would be vested in the custodian, making the civil suit not maintainable. The appeal was allowed, the High Court's order was set aside, and the matter was remitted to the trial Court for resolution within six months.