Law:

Section:

Privately-Managed Schools and Colleges (Taking Over) Regulation; 1972 (M.L.R. 118)-------Paras. 4, 5, 6 & 8---Nationalization of privately-managed schools---owners of the property had claimed that their father had given a part of their house on rent to Authority for running a school but the Authority had neither paid rent nor had delivered possession of the house to them---Authority contended that school having been nationalised ownership of house in question vested in the Authority---Validity---Privately-Managed Schools and Colleges (Taking Over) Regulation, 1972 was not intended to take over the properties of the persons who were running privately-managed schools and colleges---Only the administration and the operation of such college or school stood vested in the Provincial Government---Title of the properties wherein the schools were being run would remain intact and remain vested it the owners thereof---Case of the Authority was not that owner of the property had gifted away the property or had made a Waqf of the same in favour of the Provincial Government---Claim of Authority that school having stood nationalized ownership of property in question vested in the e Authority. was rightly rejected. Board of Foreign Missions of the Presbyterian Church to the United States of America through Lahore Church Council v. The Government of the Punjab through Secretary Education, Civil Secretariat, Lahore and another 1987 SCMR 1197 ref. JUDGMENT On 28--3-1984 the respondents tiled a suit against the petitioners. It was alleged in the plaint that the father of the respondents namely, Ahmad 'Din had given a part of their house, for running of a school subject to payment of rent; that neither the rent is being paid nor, possession is being delivered to the respondents. In their written statement the plea taken was that the school stood "nationalised" and as such the property vests in the petitioners. Issues were framed. Evidence of the parties was recorded The learned trial Court decreed the suit on 12-1-1988. A first appeal filed by the petitioners was heard by a learned Additional District Judge, Gujrat who dismissed the same on 9-7-1989. 2. Learned counsel today…

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