Law:

Section:

Evacuee Trust Properties (Management and Disposal) Act (XIII of 1975)--- ----Ss. 8, 10 & 17---Constitution of Pakistan, Art. 199--- Constitutional petition---Evacuee Trust property---Declaration---Shop in question was originally transferred to respondent as evacuee property and Permanent Transfer Deed was issued to him by Settlement Department on 24-4-1972---Petitioner purchased the shop from respondent on 14-12-1978, through registered sale-deed, without having knowledge that the property was a Trust property---Department remained sleeping over the matter for 20 years when in year 1991, reference under Ss. 8 and 10(2) of Evacuee Trust Properties (Management and Disposal) Act, 1975, was instituted---Validity---Inaction on Evacuee Trust Properties Board for such a long time disentitled it for any relief, as it was nowhere mentioned in Permanent Transfer Deed that shop in question was Trust property---Both forums below misconstrued material available on record and had illegally declared shop in question as a trust property without there being any basis for so holding---High Court declared order passed by Evacuee Trust Properties Board to have been passed on wrong presumption of law and facts of the case hence of no legal effect and the same was quashed---Petition was allowed in circumstances. Govt. of Pakistan through Secretary Religious and Minority Affairs Islamabad and another v. Nizamuddin through legal heirs and another 1994 SCMR 1908; Divisional Evacuee Trust Committee, Karachi v. Abdullah and 2 others 1970 SCMR 503; Naik Muhammad v. Bagh Ali PLD 1987 Lah. 208 and Zahida Khatoon's case 1999 YLR 2564 ref. JUDGMENT ARSHAD MAHMOOD TABASSUM, J.---This petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, calls in question order dated 7-9-2007, passed by the Secretary to the Govt. of Pakistan, Ministry of Minorities Affairs, Islamabad, whereby, while exercising jurisdiction under section 17 of the Evacuee Trust Properties (Management and Disposal) Act, 1975, he dismissed revision petition filed by the petitioner against order dated 16-11-1998, passed by the Chairman, Evacuee Trust Properties Board (ETPB), vide which, he…

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