Law:

Section:

(a) Evacuee Trust Properties (Management and Disposal) Act (XIII of 1975)--S.10(1)(b)---Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S.10---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to examine as to whether a P.T.O. holder to whom no P.T.D. was issued prior to June 1968 could claim statutory validation of the transfer under S.10(1)(b) of the Evacuee Trust Properties (Management and Disposal) Act, 1975 and whether the transfer of evacuee trust property under the Displaced Persons (Compensation and Rehabilitation) Act, 1958 could be treated as valid under S.10 notwithstanding the fad that it was otherwise void on account of the character of the property being evacuee trust property. (b) Evacuee Trust Properties (Management and Disposal) Act (XIII of 1975)-- ----S.10(1)(b)---Provision of S.10 would not be attracted to cases in which only P.T.O. and not a P:T.D. was issued prior to June 1968 even after full payment of the price: --[Tahir Ali v. Federation of Pakistan PLD 1987 Kar. 290 overruled.]. Tahir Ali v. Federation of Pakistan PLD 1987 Kar. 290 overruled. (c) Interpretation of statutes--- ----When an invalidity is converted into validity through a statutory intervention the provisions relating thereto have to be construed strictly. (d) Evacuee Trust Properties (Management and Disposal) Act (XIII of 1975)--­ ----S.10(1)(b)---Condition laid down in S.10(1)(b)---Where the P.T.D. as distinguished from P.T.O. was not issued prior to June, 1968, provision of S.10(1)(b) would not be attracted. There are basic differences between P.T.O. and P.T.D. and the stages when either of them is issued. Section 10(1)(b) of Evacuee Trust Properties (Management and Disposal) Act, 1975, laid down amongst others three very important conditions. One, that the property situated in an urban area must have been utilized bona fide under the Act, for purpose of transfer there under. Secondly, the utilization must be against the satisfaction of verified claims, and thirdly, that the permanent transfer deed must have been issued prior to June, 1968. In the present cases admittedly the permanent transfer deeds (as distinguished…

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