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

Section: 8,10,17

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

Section: 8,10,17

Law: Constitution of Pakistan, 1973

Section: 199

(a) Evacuee Trust Property (Management and Disposal) Act (XIII of 1975)-------Ss. 8 & 10---Constitution of Pakistan, Art.199---Constitutional petition---Property entered as Mandar in revenue record in ownership of a Hindu---Transfer of such property through permanent transfer deed and registered sale deed in favour of petitioner by Settlement Department---Declaration of such property as evacuee trust property by Chairman Evacuee Trust Property Board on the basis of such revenue record and report of lower staff---Validity---Chairman had no jurisdiction to claim such property to be evacuee in absence of any trust deed or evidence showing its attachment to a religious charitable or educational trust---Evacuee property could not be declared as evacuee trust property just on the basis of entry in revenue or settlement record---Transfer of such property in favour of petitioner by Settlement Department would be deemed to have been validly made---Vested right available with a person could not be taken without any legal justification---Sufficient material, sound evidence and full jurisdiction would be required for denial of any vested right, which were absent in the present case---Valuable rights of petitioner could not be taken on the basis of such report or entry in record, which had no basis---High Court set aside impugned order, in circumstances. Chairman, Evacuee Property Trust Board v. Munir Khan and others NLR 1992 AC 204; Deputy Administrator Evacuee Trust Property Lahore v. A.R. Chaudhary and 4 others 1981 CLC 1006 ref. Government of Pakistan through Secretary Religious and Minority Affairs, Islamabad and another v Nizamuddin through Legal Heirs and another 1994 SCMR 1908 rel. Anees Ahmed v. Secretary Ministry of Minorities and Religious Affairs, Government of Pakistan and others 2010 SCMR 1078 distinguished. (b) Constitution of Pakistan--- ----Art. 199---Civil Procedure Code (V of 1908), S. 9 ---Constitutional jurisdiction---Scope---Bar of jurisdiction with regard to courts contained in special statutes---Effect---Such bar would be referable to courts established under general law---High Court exercising constitutional jurisdiction would not come within…

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