Law:

Section:

(a) Evacuee Trust Properties (Management and Disposal) Act (XIB of 1975)-------Ss. 8 & 10(b)---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Declaring evacuee property as trust property---Issuance of Permanent Transfer Deed after target date---Disputed property was allotted to the petitioner and Permanent Transfer Deed was issued in the name of the petitioner on 2-7-1970---Chairman, Evacuee Trust Properties Board, on 9-9-1982, declared the property as trust property under the provisions of S.10(b) of Evacuee Trust Properties (Management and Disposal) Act, 1975, consequently the allotment of the petitioner was cancelled---Validity---Where only Permanent Transfer Deed was issued prior to June, 1968, even after full payment of the price, the provisions of S.10(b) of Evacuee Trust Properties (Management and Disposal) Act, 1975 were not applicable---Permanent Transfer Deed must have been issued prior to June, 1968 for application of S.10(b) of the Act---Chairman was justified in not validating the transfer of the petitioner and the orders were just and proper---High Court declined to interfere in the orders---Petition was dismissed accordingly.. Mst. Maryam Bai and others v. Islamic Republic of Pakistan and others 1993 SCMR 515 ref: (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 13---Evacuee Trust Properties (Management and Disposal) Act (XIII of 1975), Ss.8 & 10---Evacuee trust property ---Ejectment of tenant ---EXecution proceedings---Allotment of landlord was cancelled by Chairman, Evacuee Trust Properties Board and the execution application was dismissed by Rent Controller---Validity---Where the Permanent Transfer. Deed in favour of the landlord was cancelled, the Rent Controller had rightly dismissed the execution proceedings in circumstances. JUDGMENT The dispute relates to Property bearing No.248/B-14 situated in Jhang Town Saddar which was transferred to the petitioner on 30-9-1966. In consequence whereof a P.T.O. was issued in his name. The transfer order was challenged by Gul Anar and others through an appeal which was dismissed by Additional Settlement Commissioner, Sargodha on 2-11-1967. Revision…

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