Law:

Section:

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)---S. 4(3) read with Evacuee Trust Properties (Management and Dispo­sal) Act (XIII of 1975), S. 10(1) (b) 8c (2)-Bona fide transfer of evacuee trust property-Proceedings initiated by an application under S. 4(3) of Act XXVIII of 1958 upon assertion of property being evacuee pro­perty and P. T. D. also issued to transferee-Contended on behalf of Evacuee Trust Property Board that question whether transaction of transfer bona fide or not had to be decided, by Chairman of Trust Board and his decision final _ in matter-Held ; Contention not relevant to proceedings ending in impugned decision and High Court's view that in view of provisions of S. 10(1)(b) of Act XIII of 1975 matter called for no interference not open to exception. ORDER M. S. H. QURESHI, J. The property in question had been transferred to the respondents and a P. T. D. issued in their favour 10-8-1963. The Evacuee Trust Property Board, however, moved an application in 1966 before the Settlement Commissioner, Lahore, under section 4(3) 4 the Displaced Persons (Compensation and Rehabilitation) Act (XXVI11 of 1958), seeking cancellation of the transfer of the property on the ground that it was evacuee trust property. The application was dismissed on 16-1"-1968 on the finding that the property was not attached to any religious, chartable or educational trust for public use but was the private property of an evacuee The Board then moved the High Court in appeal under section 4(4) of act XXIII of 1958 During the pendency of the appeal, the Evacuee Trust Properties (Management and…

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