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Section:

ABDUL SHAKURUL SALAM, J.---This order will dispose of civil appeals, by leave, bearing Civil Appeal No.317 of 1986 and Civil Appeal No.318 of 1986 as these are connected matters.

2.                  Dispute relates to a plot measuring 4 Kanals 60 Sq. ft. comprising Khasra Nos.875 and 871, situated at the junction of Waris Road and Queens Road, Lahore. It was transferred under Settlement Scheme No.IV by the Deputy Settlement Commissioner, Centre 1, Lahore in favour of one Rehmatullah on 28-11-1960: The transferee surrendered his right in favour of Mst. Zakia Begum respondent No.l under an agreement of association dated 5th of January, 1964. The lady paid the full transfer price. She was issued Permanent Transfer Deed on 3rd November, 1967. Later on when she intended to raise some constructions, official of the Evacuee Trust Property Board objected claiming that the property was evacuee trust property. The lady filed an application on 12-2-1977 under section 8 of the Evacuee Trust Properties (Management and Disposal) Act, 1975, Act (XIII of 1975), before' the Chairman, Evacuee Trust Property Board, Lahore for a declaration that the property was not a trust property. On 29-1-1979, she filed a suit for permanent injunction against the Evacuee Trust Property Board, the appellant, Lahore Municipal Corporation and Lahore Development Authority praying for restraining the defendants from interfering in her possession. Appellant filed a written statement saying that since the plot was evacuee trust property under the management and control of the Board its transfer by .the Settlement Authority to the plaintiff Mst. Zakia Begum was invalid and bogus and she was not entitled to any protection on the basis of Permanent Transfer Deed issued in her favour. It was further asserted that Mst. Zakia Begum was not in physical possession of the plot. It was also pointed out that the lady had already riled an application before the defendant-appellant for determination of the status of the plot. The lady riled another suit on 21-5-1979 against the Evacuee Trust Property Board, the appellant, for a declaration that she was in possession of the plot as an owner, and the appellant had no right or interest and for perpetual injunction restraining the appellant from interfering in her possession. The two suits were tried together. Relevant issue for the purposes of these appeals was framed as under:--