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Writ Petition No. 380‑R of 1979, decided on 17th April, 1979.
‑‑ Art. 199 read with Evacuee Trust Properties (Management and Disposal) Act (XVI of 1975), Ss. 2, 3 & 4‑Aggrieved person --Evacuee Trust Property Board‑A corporate body capable of suing and being sued‑Supervision and control of evacuee trust properties also vesting in Board‑Deputy Administrator of such properties neither being personally interested in such property nor otherwise concerned with general supervision or control of such properties as against Evacuee Trust Property Board‑Aggrieved person as such, held, Evacuee Trust Property Board and not Deputy Administrator and Board alone could file writ petition.
‑‑ Ss. 2 & 8‑Mere entry of "Wakf Ahl‑i‑Hunood" in Record‑of-- Rights‑Not sufficient to establish property as evacuee trust pro perty‑Petitioner (Deputy Administrator Trust), held, ought to have brought evidence on record relating to constitution of trust, aims and objects of trust, and also beneficiaries under trust.
Evacuee Property Trust Board v. Lahore Improvement Trust, Lahore P L D 1969 Lah. 243 and Divisional Evacuee Trust Committee v. Abdullah 1970 S C M R 503 ref.
‑‑ Art. 199‑Writ jurisdiction‑Impugned order though a little deficient in contents but not lacking soundness‑Person passing order having jurisdiction to pass such order, held, cannot be disturbed in writ proceedings.
‑‑ O. I, r. 10‑Request an afterthought and writ petition also being not maintainable: permission to implead another as petitioner disallowed‑Constitution of Pakistan (1973), Art. 199.
Ch. Khurshid Ahmad for Petitioner.
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