| Citation(s) |
|---|
| 2011 SLG 846 2011 SLD 846 2011 PLD 126 |
Supreme Court of Pakistan
Civil Appeal No.148 of 2006, decision dated: 6-05-2010. (On appeal from the judgment dated 19-12-2003 passed by Peshawar High Court, Peshawar in C.R.No.457 of 2003), hearing DATE : 5-05-2010
MAHMOOD AKHTAR SHAHID SIDDIQUI AND MIAN SAQIB NISAR, JJ
Hafiz S.A. Rehman, Senior Advocate Supreme Court and Zawar Shah, Patwari for Appellants. Abdul Samad Khan Ziada, Advocate Supreme Court/Advocate-on-Record
Civil Appeal No.148 of 2006, decision dated: 6-05-2010. (On appeal from the judgment dated 19-12-2003 passed by Peshawar High Court, Peshawar in C.R.No.457 of 2003), hearing DATE : 5-05-2010
MAHMOOD AKHTAR SHAHID SIDDIQUI AND MIAN SAQIB NISAR, JJ
Hafiz S.A. Rehman, Senior Advocate Supreme Court and Zawar Shah, Patwari for Appellants. Abdul Samad Khan Ziada, Advocate Supreme Court/Advocate-on-Record
EVACUEE TRUST PROEPRTY BOARD through Deputy/Assistant Administrator, Evacuee Trust Property, Peshawar
VS
ALI BAHADUR
Law: Constitution of Pakistan, 1973
Section: 185(3)
Law: Specific Relief Act, 1877
Section: 42
Law: Evacuee Trust Properties (Management and Disposal) Act, 1975
Section: 14
(a) Evacuee Trust Properties (Management and Disposal) Act (XII of 1975)--- ----S. 14---Constitution of Pakistan, Art. 185 (3)---Leave to appeal was granted by Supreme Court to consider; whether suit filed by plaintiff was barred by law as such civil court had no jurisdiction to grant declaration prayed for in view of bar contained in 5.14 of Evacuee Trust Properties (Management and Disposal) Act, 1975, and such plea was raised before Trial Court and as such issue was also framed and finding of suit on relevant issue was to the effect that court had no jurisdiction to entertain the suit, yet the suit was decreed and declaration was granted declaring suit property to be non-evacuee. (b) Evacuee Trust Properties (Management and Disposal) Act (XII of 1975)--- ----Ss. 8 & 14---Specific Relief Act (I of 1877), S. 42---Evacuee property---Determination---Jurisdiction---Plaintiff sought declaration from civil court with regard to suit property as Evacuee Trust Property---Judgments and decrees passed by both the courts below in favour of plaintiff were maintained by High Court---Validity--When question had arisen at any point of time about status of property, it was the Chairman of Evacuee Trust Property Board alone who, under Evacuee Trust Properties (Management and Disposal) Act, 1975, was competent and empowered to determine and decide the question---Civil court in view of bar contained in S.14 of Evacuee Trust Properties (Management and Disposal) Act, 1975, had no jurisdiction in the matter---Courts while considering and appreciating evidence of parties on record had come to the conclusion that property was not established by defendant to be attached to any charitable, religious trust etc. and was not an evacuee trust property---Such determination was within the exclusive domain of the Chairman and adjudication thereof by courts was an encroachment and circumvention on his empowerment, therefore, bar of S.14 of Evacuee Trust Properties (Management and Disposal) Act, 1975, was duly attracted---Judgments and decrees passed by all the courts below were set aside and suit filed by plaintiff was dismissed due to lack of jurisdiction---Appeal was allowed. Evacuee…
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