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 deed of trust indicating the real purpose of trust, mere production of extract from record of rights or city surveys which described a property as "Dharamshala", "Tikano" or by other similar expression, any such property could be attached to a religious, charitable or educational trust for the purpose of S.4 of Act XXVIII of 1958. (b) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)-- ---S.4--Trust property--No positive and authentic evidence was produced to establish the character of the disputed property as a trust--Interference declined. JUDGMENT ALI HUSSAIN QAZILBASH, J.--This appeal by leave arises from the order of a learned Single Judge of the Sind and Baluchistan High Courts, dated 21-2-1973. 2. Property bearing city survey No.B/761 situate near Makki Masjid, Hyderabad, is shown in the record-of-rights as "Hindu Sukhsabha" and is thus clamed by the appellant to be a property attached to a charitable, religious, educational trust or institution. This property was, however, transferred to respondent No.1, a claimant displaced person as back as 1959. 3. The appellant filed an application under section 4(3) of the Displaced Persons (Compensation and Rehabilitation) Act, 1958, before the Settlement Commissioner, South Zone, Karachi, for a declaration that the above property, r was attached to the charitable institution and as such could not be transferred to any person. This application was heard by the Settlement Commissioner exercising powers of the Chief Settlement Commissioner and dismissed on 18-12-1969 holding that the property was not attached to the charitable, religious, educational trust or institution. This order was impugned by the appellant before the High Court under section 4(4) of Act XXVIII of 1958 but the same too was dismissed on 21-2-1973. 4. Leave in this case was granted to consider whether in the absence of any I deed of trust indicating the real purpose of trust, mere production of the extract from the…

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