Law:

Section:

(a) Evacuee Trust Properties (Management and Disposal) Act (XIII of 1975)--- ----S. 8---Constitution of Pakistan (1973), Art.199---Treating any property to be evacuee trust property---Essentials---Before a property could be treated to be an evacuee trust property, it was to be established or shown from some tangible evidence, that owner of property dedicated the same for religious charitable purposes---List of Khana Shumari, wherein such property had been described as Makan Mandir did not show that such entry related to specific Khasra number wherein property in question was situate---List of evacuee trust property as maintained by the Evacuee Trust Property Office could hardly be considered to be evidence itself regarding dedication of property by the owner for charitable purpose---Findings recorded by Federal Government were thus, not based on any evidence admissible under the law to dislodge a strong evidence as contained in Jamabandi for the specific year on the strength of which Chairman, Evacuee Trust Property Board had declared that the property was not evacuee trust property which findings were perfectly in accordance with the law based on admissible evidence---Order of Federal Government holding such property to be an evacuee trust property was declared to have been passed without lawful authority and of no legal effect. (b) Evacuee Trust Properties (Management and Disposal) Act (XIII of 1975)--- ----S. 8---Treating property as evacuee trust property---Entries in Jamabandi for specific year---Effect---Entries in the Jamabandi for the specific year showed that an evacuee had been recorded as owner of such property who had mortgaged the same in favour of another evacuee---Fact that the owner had been dealing with the property as his own, for he had mortgaged the same, which was relevant evidence on basis of which nature and character of property was to be determined---Entry in the Jamabandi did not show that owner of same ever dedicated or intended to dedicate the same for religious purposes etc: --Property in question, thus, could not be treated as evacuee trust property. JUDGMENT In this Constitutional petition the petitioner calls in question the…

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