Case Details

Citation(s)
2017 SLG 2179 2017 SLD 2179 2017 YLR 851
Sindh High Court
R.A. No. 32 of 2014, decision Dated: 11-01-2017, hearingDate : 31-10-2016.
ARSHAD HUSSAIN KHAN, JUSTICE
Shab Alam for Applicants.Shahid Iqbal Rana for
Respondents.

SHAMIM AKHTER AND 6 OTHERSVS CHAIRMAN EVACUEE TRUST PROPERTY GOVERNMENT OF PAKISTAN AND 2 OTHERS

Law:

Section:

Evacuee Trust Properties (Management and Disposal) Act (XIII of 1975)--- ----Ss.8 & 14---Evacuee property---Determination of---Scope---Concurrent findings of facts by two Courts below---Suit for declaration and injunction was filed by plaintiffs claiming that suit property was non-evacuee property and their mother was its real owner---Trial Court as well as Lower Appellate Court dismissed suit and appeal respectively filed by plaintiffs---Validity---Determination of status of property as evacuee trust property was within the exclusive domain of Chairman, Evacuee Trust Property Board and jurisdiction of courts was barred---Property in question was taken over by authorities vide gazette notification dated 15-7-1963 and such notification could not be challenged by plaintiffs before civil court in view of provisions of S. 14 of Evacuee Trust Property Board Act, 1975---Findings of both the courts below were on correct proposition of law---High Court did not find any infirmity or material irregularity in s passed by two courts which could warrant interference in revisional jurisdiction of High Court---Revision was dismissed in circumstances. 1992 SCMR 1313; 2007 SCMR 262 and PLD 2011 SC 126 rel. PLD 1961 (W.P.) Kar. 589; PLD 1964 (W.P) Lah. 274; PLD 1978 Kar. 27; 2008 CLC 854; 1992 SCMR 21; 2000 MLD 100; PLD 2003 SC 505 and 1992 SCMR 1313 distinguished. THIS JUDGMENT DELIVERED BY: ARSHAD HUSSAIN KHAN, JUSTICE:---.--- The Applicants through the instant revision Application has challenged the order dated 06.02.2014 passed by learned court of Vth Additional District and Sessions Judge Karachi (South) in Civil Appeal No. 57 of 2013, upholding the Judgment and Decree passed by VIIIth Senior Civil Judge, Karachi (South) in Civil Suit No. 479 of 2012 dated 15.03.2013; dismissing the suit of the Applicants. 2. Brief facts leading to the present civil revision application as averred therein are that applicants are the sons and daughters of deceased Sardar Begum, who died on 20.12.1994. The said Sardar Begum was the original owner of the property bearing Survey No. 79/1, Sheet No. RS-2 (Old S.No. P.O. 194 Sheet E/6) measuring 138 Sq. Yards, situated at Ram Swami Quarters,…
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