Law:

Section:

(a) Evacuee Trust Property (Management & Disposal) Act (XIII of 1975)--- ----S. 14---Civil Procedure Code (V of 1908), O.VII, R.11---Rejection of plaint---Property in question, being evacuee trust property, Civil Court had no jurisdiction to grant declaration to the effect that same was validly transferred to petitioners---Plaint was rightly rejected by Trial Court in circumstances. (b) Evacuee Trust Property (Management & Disposal) Act (XIII of 1975)--- ----S. 14---Bar of jurisdiction---Petitioners being not in possession of property in question when suit was instituted and the fact that their claim over such property was not acknowledged to be valid by the concerned department; they had no claim which could be adjudicated upon by Trial Court, which otherwise had no jurisdiction in the matter same being barred under provision of S.14 of the Act XIII of 1975---Trial Court's order rejecting petitioner's claim was, thus unexceptionable. JUDGMENT By this order I propose to dispose of C.Rs. No.672/91, 673/91 and r 900/91 as common questions of facts and law are involved therein. . 2. The petitioners instituted suits against the respondents, alleging therein that each one of them was owner of plot measuring 2 Kanals 18 Marlas bearing Khasra No.159/(r0 min situate in Begum Kot; Lahore on the basis of transfer orders passed by the Settlement authorities on 16-3-1961. Respondent ,No. 3 (Evacuee Trust Property Board) started asserting ownership of the said plots being evacuee trust property and respondent No.1 collected material thereon, to raise construction for a school. The petitioners were, therefore, obliged to file petition under section 10 of the Evacuee Trust Properties (Management and Disposal) Act (XIII of 1975) for validation of the transfer of the plots, in dispute in their favour which was pending decision before the respondent No.3 and sought permanent injunction against the respondents restraining them from raising construction on the disputed property as also to abandon illegal occupation thereof. During the pendency of the suits respondents Nos.2 and 3 filed petition under Order VII rule 11, C.P.C. seeking rejection of the plaints on the ground…

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