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EVACUEE TRUST PROPERTY BOARD versus GHULAM RASUL


Article 185 (3) should be allowed to appeal to the Evaci Trust Properties (Management and Disposal) Act (XIII of 1975), section 10, whether their conduct preceded 1947 (which also translated various documents). The parties involved were not involved in the dispute in such a way as to remove the trust property. Even if any transaction required the approval of the custodian authorities, and if the property in particular was declared a trust property, what effect did the Section 10 Act (XI11) have on the cases?
1986 S C M R 1474

Present: Muhammad Afzal Zullah and Zaffar Hussain Mirza, JJ

THE EVACUEE TRUST PROPERTY BOARD and another‑‑Petitioners

versus

Haji GHULAM RASUL and 5 others‑‑Respondents

Civil Petitions for Special Leave to Appeal Nos. 96 to 101‑R of 1981, decided on 14th October, 1981.

Constitution of Pakistan (1973)‑‑

‑‑‑Art. 185(3)‑‑Evacuee Trust Properties (Management and Disposal) Act (XIII of 1975), S.10‑‑Leave to appeal granted to consider inter alia whether by their conduct prior to 1‑3‑1947 (which also involved interpretation of various documents to which they were parties) concerned evacuees did not make such dedication of property in dispute so as to make it evacuee trust property; whether any of transactions required approval of Custodian authorities, and in case property was ultimately found to be trust property, what was effect of S.10 of Act (XI11 of 1975) on the cases.

Ch.Fazal‑i‑Hussain, Advocate and Ch. Muhammad Aslam, Advocate‑on‑Record (absent) for Petitioners (in all Petitions).

Noor Ahmad Noori, Advocate‑on‑Record for Respondent (in Civil Petition No. 96) .

Fakhruddin G. Ebrahim with Noor Ahmad Noori, Advocate‑on -Record for Respondents (in Civil Petition No. 98).

Bashir Ahmad Ansari, Advocate with Ch. Akhtar Ali, Advocate- on‑Record for Respondent (in Civil Petition No. 99).

Nemo for Respondents (in Civil Petitions Nos. 97, 100 and 101).

Date of hearing: 14th October, 1981.

ORDER

MUHAMMAD AFZAL ZULLAH, J.‑‑

Leave to appeal is granted to consider, amongst other questions raised in these petitions, whether by their conduct prior to 1‑3‑1947 (which also involves interpretation of various documents to which they were parties), the concerned evacuees did not make such dedication of the property in dispute so as to make it evacuee trust property; and, also the question whether any of the transactions required approval of the Custodian authorities.

In case the property is ultimately found to be trust property, it will further be examined as to what is the effect of section 10 of the Evacuee Trust Properties (Management and Disposal) Act, 1975, on these cases.

Appeals to be prepared on the present record with liberty to the parties to file additional documents.

M. I. Leave granted.

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