| Citation(s) |
|---|
| 2016 SLG 503 2016 SLD 503 2016 SCMR 679 |
Supreme Court of Pakistan
Civil Appeals Nos. 1540 and 2106 of 2006, decided on 13th January, 2016. Date of hearing: 11th December, 2015 (Judgment Reserved).
EJAZ AFZAL KHAN AND UMAR ATA BANDIAL, JJ
Syed Zafar Ali, Senior Advocate Supreme Court for Appellants (in C.A. 1540 of 2006). Hafiz S.A. Rehman, Senior Advocate Supreme Court for Appellants (in C.A. 2106 of 2006). Malik Muhammad Qayyum, Senior Advocate Supreme Court, Hafiz S. A. Rehman, Senior
Civil Appeals Nos. 1540 and 2106 of 2006, decided on 13th January, 2016. Date of hearing: 11th December, 2015 (Judgment Reserved).
EJAZ AFZAL KHAN AND UMAR ATA BANDIAL, JJ
Syed Zafar Ali, Senior Advocate Supreme Court for Appellants (in C.A. 1540 of 2006). Hafiz S.A. Rehman, Senior Advocate Supreme Court for Appellants (in C.A. 2106 of 2006). Malik Muhammad Qayyum, Senior Advocate Supreme Court, Hafiz S. A. Rehman, Senior
KHURSHID AHMAD and others
VS
Rana MUMTAZ AHMAD and others
Law: Evacuee Trust Properties (Management and Disposal) Act, 1975
Section: 8
Law: Code of Civil Procedure of 1882
Section: 12(2)
(a) Evacuee Trust Properties (Management and Disposal) Act (XIII of 1975)--- ----S. 8---Chairman Evacuee Trust Property, powers of---Whether an evacuee property was attached to charitable, religious or educational trust or institution---Ouster of jurisdiction of Civil Court---Under S. 8 of the Evacuee Trust Properties (Management and Disposal) Act, 1975, the Chairman Evacuee Trust Property alone was competent to decide whenever any question arose as to whether an evacuee property was attached to charitable, religious or educational trust or institution or otherwise---Any proceeding in such regard before the Civil Court shall be coram non judice. Evacuee Trust Property Board v. Mst. Zakia Begum and others 1992 SCMR 1313; Muhammad Jamil Asghar v. The Improvement Trust, Rawalpindi PLD 1965 SC 698; Federation of Pakistan through Secretary, Ministry of Religious Affairs/Minority Affairs, Government of Pakistan, Islamabad v. Mufti Iftikhar-ud-Din and another 2000 SCMR 1 and Evacuee Trust Property Board through Deputy/Assistant Administrator, Evacuee Trust Property, Peshawar v. Ali Bahadur PLD 2011 SC 126 ref. (b) Evacuee Trust Properties (Management and Disposal) Act (XIII of 1975)--- ----S. 8---Declaration of property as evacuee trust property---Proof---Plea that there was no document on record showing that suit property had been attached to a charitable, religious or educational purposes---Validity---When preponderance of documentary as well as oral evidence on the record and verdict of the Chairman Evacuee Trust Board proved that the property in dispute was an evacuee trust property, the purported claimants were left with no locus standi muchless a cause of action to lay their hand on its ownership in any form and before any forum---Suit property was evacuee trust property from whatever angle it was looked at. Argument that an isolated entry in the revenue papers showing suit property to be 'Gaoshala Society Bar' could not make it charitable in the absence of any document showing its dedication to charitable, religious or educational purposes was not correct. Evacuee Trust Property Board v. Rahim Khan and 3 others 1989 SCMR 1605 ref. Suit property had been entered…
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