Law:

Section:

(a) Constitution of Pakistan (1973)-----Art. 185(3)--Evacuee Trust Properties (Management and Disposal) Act (XIII of 1975)--Scheme for Lease of Evacuee Trust Agricultural Land, 1975, para.18--Leave to appeal granted to consider contention that in view of admitted fact that respondent claimed possession only from 1976 and lessee having been found cultivator of land on target date, claim of legal heir of original lessee for lease was fully justified under r.18 of Scheme. (b) Scheme for Lease of Evacuee Trust Agricultural Land, 1975-- ---Paragraphs 2(f) & 3--Evacuee trust agricultural land, lease of--Period of lease in favour of deceased lessee having expired by afflux of time and no right of renewal having been made out on facts of case, his legal representatives, held, not entitled to grant of fresh lease--No provision in Scheme whereby lease of trust land could be given to any person afresh being legal heirs, on death of previous lessee. Rana M. Sarwar Khan, Advocate Supreme Court for Appellants. Ch. M. Abdul Wahid, Advocate Supreme Court and Ch. Fazle Hussain, Advocate-on-Record for Respondents. Date of hearing: 21st May, 1985. JUDGMENT ZAFFAR HUSSAIN MIRZA, J.--The dispute in this case relates to piece of evacuee agricultural land measuring 84 Kanals, 18 Marlas, situated in Patti Janam Asthan, Nankana Sahib, District Sheikhupura, which vests in the Evacuee Trust Property Board, constituted under the Evacuee Trust Properties (Management and Disposal) Act, 1975. This land was leased out to one Muhammad Din, who died issueless during the subsistence of the lease on 10th March, 1976. Upon the demise of lessee Muhammad Din, respondent No. 5 Muhammad son of Lakhan, applied for grant of lease on the plea that he was actual cultivator of the land as sub-lessee under the deceased lessee. Soon thereafter Sudha (who died during the proceedings and has been succeeded by his legal representatives who are appellants herein) also applied for grant of lease on the ground that he was the sole surviving heir of the deceased and that he had been cultivating the land alongwith the deceased. 2. The Deputy Administrator, Evacuee Trust Property, by his order dated 24th July,…

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