Law:

Section:

Evacuee Trust Property (Management and Disposal) Ordinance (XVI of 1914)--S. 2(d)---Constitution of Pakistan (1973), Arts. 185(3) & 199---Leave to appeal was granted to examine, whether of High Court did not suffer from inter se, conflict of findings and conclusions as also inadequate discussion and treatment of factual aspects of controversy; whether property had not the character of evacuee trust property; whether respondent was at all within his right to plead before High Court that property in dispute was not evacuee trust property because he himself had earlier claimed that it was evacuee trust property and whether in circumstances of case, High Court should have exercised Constitutional jurisdiction in favour of respondent. ORDER MUHAMMAD AFZAL ZULLAH, C.J.---Leave to appeal has beer sought by the petitioners; against the acceptance by the High Court of a Constitutional Petition which had arisen out of an urban settlement case relating to evacuee property. The question raised before the High Court by the respondent No.1 stood decided on merits and facts by the Chairman, Evacuee Trust Board and also by a Joint Secretary, Government of Pakistan in exercise of revisional jurisdiction. Thus, the concurrent findings were set aside by the High Court in its Writ jurisdiction. Learned counsel for the petitioners has taken us through the…

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