Law:

Section:

(a) Evacuee Trust Properties (Management and Disposal) Act (XIII of 1975)--S.10(2)---Constitution of Pakistan (1973), Art. 185(3)---Contention of the petitioners was that since P.T.D. in respect of the suit property was issued in their favour prior to June, 1968, transfer order was validated by virtue of S.10(2) of the Evacuee Trust Properties (Management and-Disposal) Act, 1975 and that the Evacuee Trust Board was entitled to receive the price of the suit house and that though the High Court had referred to S. 10 (2) of the Act but instead of directing the Evacuee Trust Board to act in terms of S.10(2) of the Act, had directed the petitioner to approach the Evacuee Trust Board---Leave to appeal was granted by Supreme Court to consider as to whether the direction of High Court to the petitioner to approach the Evacuee Trust Board was warranted by S.10(2) of the Act or the High Court should have passed, the order for the payment of price by the Settlement Department to the Evacuee Trust Board. (b) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)--- ----S.4(2)---Certain portion of the evacuee trust property (an educational institution) had been rented out by the Institution even to private persons from whom the said institution had been charging the rent---Taxation Department, on account of the reason that the institution was deriving financial benefits/income had assessed the property for the purpose of property tax---Such facts, held, would not detract from the validity of general declaration made under S.4(2) of the Displaced Persons (Compensation and Rehabilitation) Act, 1958 that such a property nevertheless would not form part of compensation pool on account of its having been attached to educational institution. Muhammad Hussain Awan, Advocate Supreme Court and S. Abul Aasim Jaferi, Advocate.-on-Record (absent) for Appellants. Ch. Fazal-i-Hussain, Advocate Supreme Court and Ch. Muhammad Aslam, Advocate-on-Record (absent) Tor Respondent No. 1. . Respondents Nos.2 to 18: Ex parte. Date of hearing: 29th October, 1999. JUDGMENT CH. MUHAMMAD ARIF, J---Brief facts giving rise to the instant appeal with leave of the Court. against judgment…

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