Law:

Section:

(a) Evacuee Trust Properties (Management and Disposal) Act (XIII of 1975)--- ---S. 8---Constitution of Pakistan (1973), Art. 185(3)---Evacuee Trust property, determination of--Leave to appeal was granted by the Supreme Court to consider as to whether there existed on record ample evidence to declare the status of the property as evacuee trust property and whether the entry qua the existence of a charitable hospital in record was sufficient for the purpose. (b) Evacuee Trust Properties (Management and Disposal) Act (XIII of 1975)--- ----S. 8---Constitution of Pakistan (1973), Art. 185---Evacuee Trust Property, determination of---Supreme Court, having already given finality to the verdict that the property in dispute was an evacuee trust property and matter having been clinched once for all, it should not have been re-opened at all. Evacuee Trust Property Board, Lahore v. Sayed Abdus Saleem 1990 SCMR 143 ref. (c) Evacuee Trust Properties (Management and Disposal) Act (XIII of 1975)--- ---S. 8---Evacuee Trust Property, determination of---Proof---Onus--- Principles---If sufficient prima facie evidence indicating the attachment of property to a religious or charitable institution was available on records and same was not displaced by a reliable evidence, the burden of proving actual creation of trust was not necessary to be discharged and in such circumstances, the matter could be decided on the rule of preponderance of evidence. Evacuee Trust Property Board, Lahore v. Sayed Abdus Saleem 1990-SCMR 143; Government of Pakistan v. Nizamuddin 1994 SCMR 1908; Evacuee Trust Property Board v. Rahim Khan 1989 SCMR 1605; District Evacuee Trust Committee v. Muhammad Umar 1990 SCMR 25; Secretary, District Evacuee Trust Property v. Qazi Habibullah PLD 1991 SC 586 and Qazi Akbar Jan v. The Chairman, District Evacuee Trust Committee, Peshawar 1991 SCMR 2206 ref. JUDGMENT SARDAR MUHAMMAD RAZA KHAN, J--- The Chairman, Evacuee Trust Property Board, Government of Pakistan, Lahore vide his order dated 21-3- 1998 and the Secretary, Government of Pakistan, Ministry of Religious Affairs, Zakat, Ushr and Minorities Affairs, Islamabad vide his order dated 18-11-1998 determined the status…

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