Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Evacuee Trust Properties (Management and Disposal) Act (XIII of 1975)--Ss. 8 & 10---Constitution of Pakistan (1973), Arts. 185(3) & 199---Leave to appeal was granted by Supreme Court to examine whether the findings arrived at by the Chairman, Evacuee Trust Property Board, which were based upon material on record, could be interfered with by the High Court under its Constitutional jurisdiction. (b) Hindu Law--- ----"Sada Varat"---Meaning---Expression "Sada Varat" denotes public or charitable purpose. Commentary on the Hindu Code by Sir Hari Singh Gour, p. 1167 'ref. (c) Displaced Persons (Compensation and Rehabilitation) Act (XXVII)Q of 1958)--- ----S. 4---Evacuee Trust Properties (Management and Disposal) Act (XIII of 1975), S.10---Evacuee trust properties forming part of compensation pool--­Disposal of such properties---Scope---Only bona fide tansfers of such immovable evacuee trust properties could be validated where allotment had been made against satisfaction of a bona fide claim or where Permanent Transfer Order had been issued prior to June, 1968. Mst. Nafees Begum v. Assistant Administrator, Evacuee Trust Property, Hyderabad 1989 SCMR 1963 and Mst. -Mariam Bai and others v. Islamic Republic of Pakistan 1993 SCMR 515 rel. (d) Displaced Persons (Compensation and Rehabilitation) Act (XXVIH of 1958)--- ----S.4---Evacuee Trust Properties (Management and Disposal) Act (XIII of 1975), S. 10---Trust property---Proof---Mere entry in a sale-deed was not sufficient to establish existence of a Trust. Deputy Administrator, Evacuee Trust Property, Lahore v. A.R. Chaudhary 1981 CLC 1006 and Divisional Evacuee Trust Committee v. Abdullah 1970 SCMR 503 ref. (e) Displaced Persons (Compensation and Rehabilitation) Act (XXVII of 1958)--- ----S. 4---Evacuee Trust Properties (Management and Disposal) Act (XIII of 1975), S.10---Evacuee trust property, allotment of---Respondents were allotted the disputed properties by Settlement Authorities and Permanent Transfer Deed, were issued on 31-3-1971 and 25-5-1970---Properties had been declared to be evacuee properties vide order dated 7-8-1983 of Chairman, Evacuee Trust Property Board---Order of the Chairman was set…

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