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Civil Petition No. 909 of 1981, decided on 31st March, 1982.

(On appeal from the judgment dated 24‑6‑1981 of the Lahore High Court passed in Settlement Appeal No: 8 of 1969).

--S. 4(3) read with Evacuee Trust Properties (Management and Dispo sal) Act (XIII of 1975), S. 10(1) (b) 8c (2)‑Bona fide transfer of evacuee trust property‑Proceedings initiated by an application under S. 4(3) of Act XXVIII of 1958 upon assertion of property being evacuee pro perty and P. T. D. also issued to transferee‑Contended on behalf of Evacuee Trust Property Board that question whether transaction of transfer bona fide or not had to be decided, by Chairman of Trust Board and his decision final _ in matter‑Held ; Contention not relevant to proceedings ending in impugned decision and High Court's view that in view of provisions of S. 10(1)(b) of Act XIII of 1975 matter called for no interference not open to exception.

Ch. Fazal‑i‑Hussain, Advocate‑on‑Record for Petitioner.

Nemo for Respondents.

Date of hearing : 27th March, 1982.

The property in question had been transferred to the respondents and a P. T. D. issued in their favour 10‑8‑1963. The Evacuee Trust Property Board, however, moved an application in 1966 before the Settlement Commissioner, Lahore, under section 4(3) 4 the Displaced Persons (Compensation and Rehabilitation) Act (XXVI11 of 1958), seeking cancellation of the transfer of the property on the ground that it was evacuee trust property. The application was dismissed on 16‑1"‑1968 on the finding that the property was not attached to any religious, chartable or educational trust for public use but was the private property of an evacuee The Board then moved the High Court in appeal under section 4(4) of act XXIII of 1958 During the pendency of the appeal, the Evacuee Trust Properties (Management and Disposal) Act (XIII of 1975) came into force, effective from 1‑7‑1974, section 10(I) (b) of which laid down that:

An immovable evacuee trust property, if situated in an urban area and utilised bona fide under any Act for transfer against the satisfaction of verified claims in respect of which Permanent Transfer Deed were issued prior to June, 1968, shall be deemed to have been validly transferred by sale to the Chief Settlement Commissioner, and tie sale proceeds thereof shall be reimbursed to the Board and shall form part of the Trust Pool.

The learned Judge of the High Court, in view of the above provision, held that no interference was called for and as such dismissed the appeal on 24‑6‑1981. The Board feeling aggrieved is now seeking leave to appeal

2. The contention, by reference to the provision of subsection (2) of section 10 of Act XIII of 1975, is that the question whether the transaction of transfer was bona fide or not was to be decided by the Chairman whose decision was final. But the contention is not relevant to the proceeding, which ended in the impugned decision. It had been initiated by an applica tion made under section 4(3) of Act XXVIII of 1958 upon the assertion that the property was evacuee trust property. The order passed by the High Court is, therefore, not open to exception. The petition is dismissed.

Petition dismissed.

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