Law:

Section:

Evacuee Trust Properties (Management and Disposal) Act (XIII of 1975)--Ss. 8 & 10---Constitution of Pakistan (1973), Art. 185---Treatment of a property as evacuee trust property---Appellants had claimed that half of land in dispute belonged to them while remaining half was evacuee property--­Appellants had claimed that they were in possession of entire land in dispute which had not been partitioned between joint owners---Chairman, Evacuee Trust Property Board had claimed that whole of land in dispute was evacuee trust property and vested in Evacuee Trust Board---Name of predecessors-in-interest of appellants did not appear in extract from Register Haqdaran for the year 1941-42, but that entry was corrected by Revenue Authorities at instance of appellants in year 1969-70---Questions which arose for consideration before the Supreme Court being whether entries in respect of land in dispute in Revenue Record showing possession of Hindu evacuee over' entire land from 1941-42 to 1968-69 could be changed by Revenue Authorities in 1969-70 by showing half of the share of land in dispute in ownership of appellant's predecessor; whether alleged entries in Revenue Record in favour of predecessor of appellants from years 1924-25 to 1936-37 related to different pieces of land or to land in dispute; what was effect of omission on part of appellants and their predecessor-­in-interest to challenge entries in respect of land in dispute in Revenue Record in accordance with provisions of Pakistan (Administration of Evacuee Property) Act, 1957 and if land in dispute was held to be jointly owned by Muslim and Hindu evacuees in equal share which was competent forum to partition it---Since High Court failed to address to such questions, Supreme Court accepting appeal, remanded case to High Court to decide Constitutional petition afresh after hearing the parties. Mehr Dad v. Settlement and Rehabilitation Commissioner PLD 1974 SC 193 ref. JUDGMENT SAIDUZZAMAN SIDDIQUI, J.---The above appeal with the leave of this Court is directed against the judgment of a learned Judge in Chambers of Lahore High Court dated 1-2-1993. Leave was granted to consider the following contention:---- "(3)…

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