Law:

Section:

(a) Evacuee Trust Properties (Management and Disposal) Act (XIII of 1975)---S. 8---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted to consider whether appellants were entitled to compensation for the construction made by them after expiry of lease period even if land in question, was to be deemed to be evacuee trust property. (b) Evacuee Trust Properties (Management and Disposal) Act (XIII of 1975)--S. 8---West Pakistan Land Revenue Act (XVII of 1967), S. 39---Qanun-e-Shahadat (10 of 1984), Art. 2(1)(c)---Religious or charitable trust---No evidence was produced for creation of such trust---Effect---Owner of land was shown as " Mander' " under the management of a religious office holder, in revenue record--­Non-production of evidence for the factum of creation of trust was of no consequence---Where sufficient prima facie evidence was adduced for showing that property in question was attached to a religious or charitable institution and such evidence was not displaced by any other reliable evidence, burden of showing actual creation of trust on the party asserting that same was attached to a religious or charitable trust was not essential and such matter could be decided on the rule of preponderance of evidence---Settlement Commissioner and High Court had concurrently decided the question that said property shown as " Mander " in Revenue Record, was a public religious trust---High Court was justified in holding that the " Mander " and land attached thereto, was property attached to religious trust. District Evacuee Trust Committee v. Muhammad Umar and others 1990 SCMR 25, Secretary, District Evacuee Trust Property v. Qazi Habibullah and 2 others PLD 1991 SC 586, "Principles of Hindu Law by Mulla" 9th Edition and Devachand Muljimal v. The Deputy Settlement and Rehabilitation Commissioner, Karachi etc. PLD 1965 SC 356 rel. (c) Evacuee Trust Properties (Management and Disposal) Act (XIII of 1975)--- ----S. 8---Displaced Persons (Land Settlement) Act (XLVII of 1958), S.4--­Petitioners taking property in question under lease deed dated 22-5-1947 registered on 1-7-1947 from a Hindu, who migrated to India---Lessees under the lease were…

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