Law: Evacuee Trust Properties (Management and Disposal) Act, 1975

Section: 8,9,10,14

Law: Civil Procedure Code (V of 1908)

Section: 9

(a) Evacuee Trust Properties (Management and Disposal) Act (XII of 1975)--- ----Ss. 8 & 14---Suit for declaration---Evacuee property---Determination of---Bar on the jurisdiction of civil Court---Scope---Plaintiff sought declaration that suit land was not evacuee property---Suit was dismissed concurrently---Validity---Chairman Evacuee Trust Property Board had the jurisdiction to determine the status of a property as to evacuee property or not---Present dispute could not be brought to the Civil Court nor Civil Court could assume jurisdiction to entertain the same to adjudicate as to whether suit land was evacuee property or not---Party should approach the relevant forum prescribed by law to seek such clarification---Civil Court could entertain suit if its jurisdiction was not expressly or impliedly barred by law---Jurisdiction of Civil Court, in the present case, had been expressly barred by law--- Even order of Chairman Evacuee Trust Property Board could not be questioned in the Civil Court---Findings recorded by the Courts below did not suffer from any error of law or jurisdiction---Revision was dismissed, in circumstances. Evacuee Trust Property Board v. Mst. Zakia Begum and others 1992 SCMR 1313; Evacuee Trust Property Board and others v. Ahmed and others 2004 SCMR 440; Evacuee Trust Property Board and others v. Mst. Sakina Bibi and others 2007 SCMR 262; Evacuee Trust Property Board through Deputy/Assistant Administrator, Evacuee Trust Property, Peshawar v. Ali Bahadur PLD 2011 SC 126 and Khurshid Ahmad and others v. Rana Mumtaz Ahmad and others 2016 SCMR 679 rel. (b) Civil Procedure Code (V of 1908)--- ----S. 9---Civil Court could entertain suit if its jurisdiction was not expressly or impliedly barred by law. THIS JUDGMENT DELIVERED BY: RASAAL HASAN SYED, J.--- This judgment will decide civil revision which impugns judgment and decree dated 16.3.2010 of the learned Civil Judge, Lodhran and judgment and decree dated 02.11.2010 of learned Addl. District Judge, Lodhran whereby suit of the petitioner was dismissed and appeal against the same was declined. 2. Relevant facts for analysis of the dispute are that the petitioner filed a suit for declaration,…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492