| Citation(s) |
|---|
| 1989 SLG 1817 1989 SLD 1817 1989 SCMR 1636 |
Supreme Court of Pakistan
Civil Appeal No.K/43 of 1973, decision dated: 25-04-1989.(On appeal from the order of the High Court of Sind & Baluchistan at Karachi datcd 12-3-1973 passed in Miscellaneous Civil Appeal No.103 of 1969)
MUHAMMAD HALEEM, C.J., SHAFIUR RAHMAN, ZAFFAR HUSSAIN MIRZA AND SAAD SAOOD, JAN, JJ
Ch. Fazle Hussain, Advocate-on-Record and Ch. M. Aslam, Advocate-on-Record for Appellant. Nemo for
Respondents
Civil Appeal No.K/43 of 1973, decision dated: 25-04-1989.(On appeal from the order of the High Court of Sind & Baluchistan at Karachi datcd 12-3-1973 passed in Miscellaneous Civil Appeal No.103 of 1969)
MUHAMMAD HALEEM, C.J., SHAFIUR RAHMAN, ZAFFAR HUSSAIN MIRZA AND SAAD SAOOD, JAN, JJ
Ch. Fazle Hussain, Advocate-on-Record and Ch. M. Aslam, Advocate-on-Record for Appellant. Nemo for
Respondents
DISTRICT EVACUEE TRUST COMMITTEE
VS
MASHRAF KHAN and 3 others
Law:
Section:
(a) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)-----S.4--Constitution of Pakistan (1973), Art.185(3)--Leave to appeal was granted to consider whether in the absence of any decd of trust indicating the real purpose of trust mere production of the extract from the Record of Rights on city surveys which described a property as "Dharamshala", "Tikano" or by other similar expression, any such property could he declared to he attached to a religious, charitable or celucational trust for the prupose of S.4 of Act XXVIII of 1958. (b) Hindu Law- ---Endowment for the purpose of Dharamshala--City survey record disclosing that property was entered in the name of "Dharamshala charitable"--hlcld, an endowment for the purpose of Dharamshala was clearly valid as a religious and charitable purpose--Words "by inheritance" applied to the office of trusteeship which was governed by the rule of succession or inheritance. (c) Displaced Persons (Compensation and Rehabilitation) Act (XXVlll of 1958)- ---S.4--Sind Land Revenue Code, S.151--West Pakistan Land Revenue Act XVII of 1967), 5,131--Presumption--Entries in revenue record regarding ownership of properties are presumptive evidence of title sufficient to sustain any finding consistent with such entries: unless contrary is proved--Such entries constitute an important source of information which enjoys an initial presumption of truth attached to it. Evacuee Trust Property Board v. Rahim Khan and 3 others Civil Appeal No.K/41 of 1973 and Thakur Nirman Singh and others v. Thakur Lal Rudra Partab Narain Singh and others A I R 1926 P C 11)0 ref. (d) Displaced Persons (Compensation and Rehabilitation) Act (XXV111 of 1958)- --.S,4--Evactice Trust Property (Management and Disposal) Act (XIII of 1975), S.10--Disputed property was declared as evacuee trust properly--Bona ride transfers of such property against verified claims in which Permanent Transfer Deeds had been issued prior to June, 1968 were saved and validated under S.10 of Act XIII of 1975. JUDGMENT ZAFFAR HUSSAIN MIRZA, J.--Leave to appeal was granted in this case to consider the following question of law: "Whether in the absence of any decd of trust…
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