Law:

Section:

Displaced Persons (Compensation and Rehabilitation) Act (XXV111 of 1958)-----S.10---Constitution of Pakistan (1973), Art.185(3)---Property in question treated to be as evacuee property and transferred to claimant by Settlement Authority---Evacuee Trust Property Board sought declaration from Chief Settlement Commissioner to the effect that such property was attached to religious trust and its transfer in favour of claimant was illegal and void but its application was rejected---Evacuee Trust Board filed appeal before the High Court which was also dismissed---Evacuee Trust Board had relied entirely upon an extract from the Property Register Card, wherein, although property in dispute had been described as a Tikano, yet the origin of the title had been shown as inheritance---Neither any evidence was led nor any explanation offered as to how the source of title of the trust property could be described as inheritance--­Settlement Authority was thus justified in making the observation that the case of Evacuee Trust Board was based upon vague and inconclusive record---High Court thus properly declined to interfere with that order of Settlement Authority---Appeal being without merit was dismissed by Supreme Court. ORDER SAAD SAOOD JAN, J.--The dispute in this appeal by special leave relates to property bearing City Survey No. D/1396 situate at Jumman Shah Jo Pir, Hyderabad. It was treated as evacuee property and transferred to respondent No. 1 by the Settlement Authorities. On 1-3-1967, the Evacuee Trust Board, Hyderabad, the appellant, moved an application before Mr. Muhammad Azhar who was vested with the powers of Chief Settlement Commissioner, for a declaration that the said property was attached to a religious trust and its transfer in favour of respondent No. 1 was illegal and void. Mr. Muhammad Azhar dismissed the application with the following observations:- "A reference to the Exhs. 2, 3 and 4 filed by the applicant Trust will show that the property in suit is entered as a Tikano, which was…

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