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

Section: 30

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

Section: 30

Law: Scheme for Management and Disposal of Available Urban Evacuee Properties (1977)

Section: ChapterIII(B),S.19

(a) Evacuee Trust Properties (Management and Disposal) Act (XIII of 1975)------S. 30---Scheme of Management and Disposal of Urban Evacuee Trust Properties, 1977, Chapter III(B) & S.19---Constitution of Pakistan, Art. 199---Constitutional petition---Plot in question was allotted to father-in-law of the petitioner by order of Deputy Custodian, Evacuee Trust Property, who constructed a shop on the said plot and rented out the same to predecessor-in-interest of respondents---Authorities, without carrying out the survey, allotted said shop to the predecessor-in-interest of the respondents/tenant; which transfer was challenged and finally the Supreme Court decided the case in favour of predecessor-in-interest of the petitioner---After death of husband of the petitioner, she submitted application for restoration of tenancy in her name and her request was acceded to and District Magistrate directed to get the vacant possession of shop in question to the petitioner---Predecessor-in-interest of respondents, after lapse of about ten years, raised an objection that under the Scheme of Management and Disposal of Urban Evacuee Trust Properties, 1977, property in question could not be transferred in the name of the petitioner, objection was allowed, which resulted in setting aside the tenancy and direction for auction of the same---Validity---Matter having ultimately been finalized by the Supreme Court while dismissing the petition filed by predecessor­in-interest of respondents, there was no ground available with the Authority to set aside the order whereby, after death of husband of the petitioner, tenancy was restored to her---Impugned orders were in violation of of the High Court and the Supreme Court---Such order was set aside and Administrator was directed to get shop vacated from private respondents and put the petitioner into possession. (b) Administration of justice--- ----Entire dispute between the parties should be decided on merits; and no one should be allowed to take benefits of technicalities. Syed Ayaz Zahoor for Petitioner. Kamran Murtaza and Adnan Ejaz for Respondent No.3. Saleem Ahmed Lashari for Respondents Nos.4 to 11. Date of hearing: 2nd November,…

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