Law: Specific Relief Act, 1877

Section: 39,42,54

Law: Evacuee Trust Properties (Management and Disposal) Act, 1975

Section: 6,14

Law: Civil Procedure Code (V of 1908)

Section: O.VII,R.11

Specific Relief Act (I of 1877)--- ----Ss. 39, 42 & 54---Civil Procedure Code (V of 1908), O. VII, R.11---Evacuee Trust Properties (Management and Disposal) Act (XIII of 1975), Ss.6 & 14---Suit for cancellation of documents, declaration and perpetual injunction---Disposal of evacuee trust property---Rejection of plaint---Land in question, which was claimed by the plaintiffs to have been leased to them by the defendant (Trust) was an Evacuee Trust and its properties were evacuee trust properties---Two !eases of the land in question, did not appear to have any ground to stand on as the land in question being evacuee trust property, defendant (Trust) had no authority to sell or lease same to the plaintiffs and others---Nothing had been placed in the plaint to show as to how Trust became entitled to lease the suit land to the plaintiffs and others, which was an evacuee trust property---Evacuee Trust Properties (Management and Disposal) Act, 1975 had specifically stated that all evacuee trust properties would vest in the Federal Government and the Board had been constituted for the general supervision and control of evacuee trust properties and leases in question, in circumstances were contrary to the provision of said Act---Leases were void instruments and could not be allowed to remain in the field as in the terms of S.39 of the Specific Relief Act, 1877, both leases had to be cancelled---Transaction of the land claimed by the plaintiffs on the basis of two leases, being contrary to the provisions of the Evacuee Trust Properties (Management and Disposal) Act, 1975, the plaintiffs had no cause of action for the suit which was based upon leases which were patently illegal and not sustainable in law nor such leases would confer any right in the properties---Applications under O. VII, R. 11, C.P.C. were allowed and plaint rejected. Madhavji Dharasibhai v. The Karachi Panjrapur Association PLD 1957 SC 83 and Shiri Mahant Bawa Manobhagir Managalgir v. Divisional Evacuee Trust Committee 1982 CLC 1175 ref. THIS ORDER PASSED BY: GULZAR AHMED, J.--- These are two applications under O.VII, Rule 11, C.P.C. for the rejection of the plaint respectively filed by…

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