| Citation(s) |
|---|
| 1999 SLG 820 1999 SLD 820 1999 CLC 470 |
Sindh High Court
Constitutional Petitions Nos.D-294 of 1984 and D-640 of 1985, decision dated: 21st October, 1998
RANA BHAGWAN DAS AND GHULAM NABI SOOMRO, JJ
Farman A. Hashmi for Petitioners. Munib Ahmad Khan, Addl. A.G. for
Respondent No. 1. M.G. Dastgir for
Respondents Nos.2 arid-3
Constitutional Petitions Nos.D-294 of 1984 and D-640 of 1985, decision dated: 21st October, 1998
RANA BHAGWAN DAS AND GHULAM NABI SOOMRO, JJ
Farman A. Hashmi for Petitioners. Munib Ahmad Khan, Addl. A.G. for
Respondent No. 1. M.G. Dastgir for
Respondents Nos.2 arid-3
ABDUL WAHEED-
VS
THE SETTLEMENT DEPARTMENT through Settlement Commissioner, Sindh and 3 others
Law:
Section:
(a) Evacuee Trust Property (Management and Disposal) Act (XIIQ of 1975)-------Ss. 8, 9, 10 & 14---Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), Ss.4 & 10---Evacuee trust property ---Transfer--Validity---Chairman, Evacuee Trust Property Board, after considering evidence on record had declared that property, permanently transferred to transferee through open auction by Settlement Authorities, was Evacuee Trust Property attached to religious institution which could not be transferred by Settlement Authorities as evacuee property---Chairman of the Board before declaring property as Evacuee Trust Property being attached to a religious institution, took into consideration Trust Deed executed in respect of property more than sixty years ago and other documents---Chairman of the Board arrived at the conclusion after hearing Departmental Representatives of Settlement Authorities as well as transferees---Such conclusion, based on evidence on record, was immune from being challenged before Civil Court under S.14 of Evacuee Trust Property (Management and Disposal) Act, 1975. Abdul Saleem v. Chairman, Evacuee Trust Property Board PLD 1975 Lah. 960; Masoom Ali v. Chairman, EJ.P.B. PLD 1989 Kar. 633; District Evacuee Trust Committee, Hyderabad v. Ismail 1990 SCMR 20; 1990 SCMR 143; Evacuee Trust Property Board v. Rahim Khan and 3 others 1989 SCMR 1605; Divisional Evacuee Trust Property Board Committee, Hyderabad v. Deputy Commissioner and another 1989 SCMR 1610; District Evacuee Trust Committee v. Mashraf Khan and 3 others 1989 SCMR 1636; Mst. Mariam Bi and 2 others v. The Islamic Republic of Pakistan PLD 1990 Kar. 427; Secretary, District Evacuee Trust Property v. Qazi Habibullah and others PLD 1991 SC 586; Evacuee Trust Property Board v. Mst. Zakia Begum and others 1992 SCMR 1313 and Mst. Mariam Bi v. Islamic Republic of Pakistan and 5 others 1993 SCMR 515 ref. (b) Constitution of Pakistan (1973)--- ----Art. 199---Trust Property (Management and Disposal) Act (XIII of 1975), Ss. 8 & 10(2)---Constitutional jurisdiction, exercise of---Disputed questions of fact had been concluded by concurrent findings of two quasi judicial Authorities…
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