Law:

Section:

(a) Evacuee Properties (Management and Disposal) Act (XIII of 1975)--- ----S. 8---Declaration of property as evacuee trust property---Notification issued by Administrator notifying takeover, control and management of property---Effect-- Administrator could not assume powers conferred on Chairman as required under S.8 of the Act---Such notification could not be termed as declaration under S.8 of the Act in absence of order of Chairman declaring property to be trust property. Evacuee Trust Property Board v. Mst. Zakia Begum and others 1992 SCMR 1313; District Evacuee Trust Committee v. Muhammad Umar and others 1990 SCMR 25; Evacuee Trust Property Board v. Muhammad Azam 1995 SCMR 520 and Federation of Pakistan through Secretary, Ministry of Religious Affairs/Minority Affairs, Government of Pakistan, Islamabad v. Iftikhar-ud-Din and another 2000 SCMR I ref. (b) Constitution of Pakistan (1973)--- ----Art. 185(3)---Impugned was based on correct appreciation of facts and law---No misreading or non-reading of material evidence or misconstruction of law was found---Supreme Court refused leave to appeal. JUDGMENT SYED DEEDAR HUSSAIN SHAH, J. ---Petitioners seek leave to appeal against the judgment of the High Court of Sindh, Sukkur Bench, dated 21-5-1999, passed in Civil Revision.No.48 of 1991. 2. Succinctly stated facts of the case are that agricultural land measuring 102-22 acres situated in Deh Mangneja, Taluka Warah, District Larkana, was granted to respondents Nos. 1 to 7 on full rate conditions by the Assistant Revenue Officer, Sukkur Barrage in an open Katchery held on 13-4-1983. The grant was confirmed vide order dated 20-4-1983, and the possession of the subject land was handed over to the aforesaid respondents, who improved it through substantial investment. During the last week of October, 1984 they came to know that respondents Nos.8 to 12 had filed Suit No.93 of 1983 against the Colonization Officer and other Barrage Authorities claiming themselves as lessees of the property in dispute through the petitioners. Respondents Nos. 1 to 7 contested the suit and also filed Suit No.210 of 1985 with the following prayer:-- "(i) That this Honourable Court may be…

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