| Citation(s) |
|---|
| 2009 SLG 270 2009 SLD 270 2009 SCMR 1058 |
Supreme Court of Pakistan
Civil Appeals Nos.226 and 227 of 2004, decision dated: 11-05-2009. (On appeal from the judgment, dated 10-10-2003 passed by the High Court Balochistan, Quetta in Civil Revision No.129 of 2002)
IJAZ-UL-HASSAN KHAN AND MUHAMMAD QAIM, JAN KHAN, JJ
Iftikhar-ul-Haq, Advocate Supreme Court and Kamran Murtaza, Advocate Supreme Court for Appellants in Civil Appeals Nos.226 and 227 of 2004). Qahir Shah; Advocate Supreme Court for L.Rs. of
Respondent. Kamran Murtaza, Advocate Supreme Court for
Respondents
Civil Appeals Nos.226 and 227 of 2004, decision dated: 11-05-2009. (On appeal from the judgment, dated 10-10-2003 passed by the High Court Balochistan, Quetta in Civil Revision No.129 of 2002)
IJAZ-UL-HASSAN KHAN AND MUHAMMAD QAIM, JAN KHAN, JJ
Iftikhar-ul-Haq, Advocate Supreme Court and Kamran Murtaza, Advocate Supreme Court for Appellants in Civil Appeals Nos.226 and 227 of 2004). Qahir Shah; Advocate Supreme Court for L.Rs. of
Respondent. Kamran Murtaza, Advocate Supreme Court for
Respondents
GUL SHAH and others
VS
Hafiz GHULAM MUHAMMAD and others
Law: Evacuee Trust Properties (Management and Disposal) Act, 1975
Section: 14
Evacuee Trust Property (Management and Disposal) Act (XIII of 1975)--- ----S. 14---Jurisdiction of Civil Court though was barred under S.14, Evacuee Trust Property (Management and Disposal) Act, 1975 in ordinary cases, but were mala fide and malice was attributed to the functionaries of the Government Civil Court was the court of ultimate jurisdiction and could decide the matter in accordance with law---Principles. Hamid Hussain v. Government of West Pakistan and others 1974 SCMR 356 and The Chief Settlement Commissioner, Lahore v. Raja Muhammad Fazil Khan and others PLD 1975 SC 331 ref. Evacuee Trust Property Board through Assistant Director, Evacuee Trust Properties, Gujrat v. Muhammad Siddique alias Bandoo and others 1995 SCMR 1748; Evacuee Trust Property Board v. Mst. Zakia Begum and others 1992 SCMR 1313 and Federation of Pakistan through Secretary, Ministry of Religious Affairs/Minority Affairs, Government of Pakistan, Islamabad v. Mufti Iftikhar-ud-Din and another 2000 SCMR 1 distinguished. JUDGMENT MUHAMMAD QAIM JAN KHAN, J.--- These two appeals by leave of the Court are directed against the judgment of a learned Single Judge of High Court of Balochistan, Quetta dated 10-10-2003, vide which the revision petition of respondent No.1 has been accepted, the judgments and decrees of the Courts below have been set aside and the case has been remanded to Civil Judge-IV, Quetta for deciding the same afresh in accordance with law, after recording the evidence and hearing the respective parties. 2. Short facts of the case are that respondent No.1, Hafiz Ghulam Muhammad now dead and represented by his L.Rs., filed a suit for declaration and permanent injunction against the present petitioners and pro forma respondents Nos.10 to 12, in respect of properties situated at Masjid Road, Quetta which were allotted to him by Deputy Settlement Rehabilitation Commissioner, Quetta Kalat and P.T.O. was issued in his favour on 15-9-1960. Subsequently, the said property was declared Evacuee Trust Property and taken over by the Evacuee Trust Property Board. According to respondent No.1, after issuance of P.T.O. he made construction over the property in dispute by incurring heavy…
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