Law:

Section:

(a) Evacuee Trust Properties (Management and Disposal) Act (XIII of 1975)-------S. 2(l)(d)---Contract Act (IX of 1872), S.2(h)---Agreement of transfer relating to evacuee trust property---Character of property notwithstanding, such agreement would not change and the same would remain evacuee trust property---Transfer of such property would essentially relate to possessory rights and not title of same in favour of transferee---Laws relating to ejectment of tenants would not be applicable to property in question---Transferee however, could seek tenants' eviction through Civil Court. Mst. Jai Kaur v. Labhu and others AIR 1922 Lah. 163; District Board, Tippera v. Sarafat Ali and others AIR 1941 Cal. 408; Hafiz Muzaffar Ahmad Khan v. Dr. Abdul Haq and another 1968 SCMR 793; Ashutosh Basak and others v. S.M. Rahmatullah and others 1970 SCMR 386; Muhammad Islam Khan v. Cantonment Board, Kohat 1982 SCMR 1056; Province of Punjab through Secretary and another v. Mufti Abdul Ghani PLD 1985 SC 1; Madrissa Darul Uloom Al-Baqiat-ul-Salehat Regd. v. The Additional District Judge PLD 1992 SC 401; Mirza Bashir Ahmad v. Abdul Karim 1976 SCMR 417 and Sh. Muhammad Ashraf and another v. Sub.-Major (Retd.) Mir Badar Din and others 1993 SCMR 2323 ref. (b) Civil Procedure Code (V of 1908)--- ----O. VIII, R.1---Qanun-e-Shahadat (10 of 1984), Art.2(1)(c)---New plea--­Point not raised in written statement by defendant---Such point could not be allowed to be raised subsequently or to be led in evidence. (c) Evacuee Trust ~ Properties (Management and Disposal) Act (XIII of 1975)--- ----S. 10---Evacuee trust property---Respondent was inducted into possession of property as tenant by petitioner---Property in question was subsequently leased out by Evacuee Trust Property Board and, thereafter, possessory rights were transferred to petitioner---Respondent having been inducted into possession by petitioner, could not legitimately deny petitioner's title---Denial of title of landlord would result in forfeiture of tenancy. Madrissa Darul Uloom Al-Baqiat-ul-Salehat Regd. v. Additional District Judge PLD 1992 SC 401 rel. (d) Evacuee Trust Properties (Management and Disposal) Act (XIII of 1975)---…

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