| Citation(s) |
|---|
| 1991 SLG 1221 1991 SLD 1221 = 1991 PLD 586 |
Supreme Court of Pakistan
Civil Appeal No. 278 of 1977, decided on 23rd February, 1991. (On appeal from the judgment dated 4-6-1975 of the Lahore High Court in Settlement Appeal No.2 of 1970).
Presented By: Present: Nasim Hasan Shah and Rustam S. Sidhwa, JJ
Ch. Fazal-i-Hussain, Advocate Supreme Court instructed by Muhammad Aslam Ch., Advocate-on-Record for Appellant. A.R. Shaukat, Senior Advocate Supreme Court, Muhammad Iqbal, Advocate Supreme Court and Mian Ataur Rahman, Advocate-on-Record for
Respondent No.l. Khan Imtiaz, Muhammad Khan, Advocate-on-Record (absent) for
Respondent No.2. Sh. Abdul Mannan, Advocate Supreme Court instructed by Tanvir Ahmad, Advocate-on-Record for
Respondent No.3.
Civil Appeal No. 278 of 1977, decided on 23rd February, 1991. (On appeal from the judgment dated 4-6-1975 of the Lahore High Court in Settlement Appeal No.2 of 1970).
Presented By: Present: Nasim Hasan Shah and Rustam S. Sidhwa, JJ
Ch. Fazal-i-Hussain, Advocate Supreme Court instructed by Muhammad Aslam Ch., Advocate-on-Record for Appellant. A.R. Shaukat, Senior Advocate Supreme Court, Muhammad Iqbal, Advocate Supreme Court and Mian Ataur Rahman, Advocate-on-Record for
Respondent No.l. Khan Imtiaz, Muhammad Khan, Advocate-on-Record (absent) for
Respondent No.2. Sh. Abdul Mannan, Advocate Supreme Court instructed by Tanvir Ahmad, Advocate-on-Record for
Respondent No.3.
SECRETARY, DISTRICT EVACUEE TRUST PROPERTY---Appellant
VERSUS
Qazi HABIBULLAH and 2 others---Respondents
Law: Displaced Persons (Land Settlement) Act, 1958
Section: 4
Displaced Persons (Land Settlement) Act (XLVII of 1958)--- ----S. 4(3) & (4)-----Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 4---Property attached to a religious or charitable institution --If sufficient prima facie evidence was adduced for showing that the property in question was attached to a religious or charitable institution and such evidence was not displaced by any other reliable evidence, the burden of showing actual creation of trust on the party asserting that the property was attached to a religious or charitable trust was not essential and the matter could be decided on the rule of preponderance of evidence [S. Abdus Saleem and 153 others v. Chairman, Evacuee Property Trust Board and another PLD 1975 Lah. 960 overruled. If sufficient prima facie evidence was adduced for showing that the property in question was attached to a religious or charitable institution and this evidence was not displaced by any other reliable evidence, the burden of showing actual creation of trust on the party asserting that the property was attached to a religious or charitable trust was not essential and the matter could be decided on the rule of preponderance of evidence. In the present case, the entries in the Revenue Record from 1936 onwards consistently showed that the property belonged to Mandir Hari Har. The conduct, user and treatment of the property also indicated that the property was attached to the said Mandir and no cogent evidence pointing to the contrary had been shown. In these circumstances, the order of the Chief Settlement Commissioner declaring that the property was an evacuee trust property, and therefore, could not be allotted to a displaced person, was correct. S. Abdus Saleem and 153 others v. Chairman, Evacuee Property Trust Board and another PLD 1975 Lah. 960 overruled. S. Abdus Saleem and 153 others v. Chairman, Evacuee Property Trust Board and another PLD 1975 Lah. 960; Evacuee Trust Property Board, Lahore and another v. Syed Abdus Saleem and others 1990 SCMR 143; District Evacuee Trust Committee v. Mashraf Khan and 3 others 1989 SCMR 1636 and District Evacuee Trust Committee v. Muhammad Umar and…