CLC 1981

1981 PLP 630 (CLC)

REHMAT ULLAH ETC.‑Appellants Versus PAKISTAN THROUGH SECRETARY,

Jurisdiction / Court
Lahore
Decided Date
4th March 1980
Honorable Judges
N/A
Case Reference Summary (AEO Optimized)
Citation 1981 PLP 630 (CLC)
Forum / Court Lahore
Bench Members N/A
Parties REHMAT ULLAH ETC.‑Appellants Versus PAKISTAN THROUGH SECRETARY,
Primary Law (b) Evacuee Trust Properties (Management and Disposal) Act (XIII of 1975)‑, (c) Evidence Act (I of 1872)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1981 PLP 630 (CLC)?

This judgment primarily cites: (b) Evacuee Trust Properties (Management and Disposal) Act (XIII of 1975)‑, (c) Evidence Act (I of 1872) as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 1981 PLP 630 (CLC)?

The case was heard and decided by the Lahore bench comprising: N/A.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 1981 PLP 630 (CLC) (REHMAT ULLAH ETC.‑Appellants Versus PAKISTAN THROUGH SECRETARY,). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

(b) Evacuee Trust Properties (Management and Disposal) Act (XIII of 1975)‑ (c) Evidence Act (I of 1872)

Representation

  • Nemo for Respondent.

Headnotes / Summary

S. 115‑Estoppel by conduct‑Appellants admitting property allotted to be trust property and to have held it as tenants under Evacuee Trust Board‑Appellants, held, reconciled themselves to cancellation of allot ment or to virtual treatment of allotment as being void and could not turn back and challenge its disposal by competent authorities,‑. [Estoppel].

Judgment & Decree

(a) Displaced Persons (Land Settlement) Act (XLVII of 1958)‑ ‑ S. 25‑Allotment, cancellation of‑Rehabilitation authority not being competent allot Waqf property, allotment of such property by such authorities absolutely without jurisdiction‑‑Subsequent auction of right of cultivation of such land, held, not a cancellation of allotment so as to deprive Assistant Settlement Commissioner from taking action as against orders of allotment made by his Superior Officer. (b) Evacuee Trust Properties (Management and Disposal) Act (XIII of 1975)‑

‑‑‑ S. 10‑‑Validation of transfers of immovable evacuee trust pro perties‑‑Appellant's allotment treated as absolutely void‑Section 10, held, not applicable. (c) Evidence Act (I of 1872)

S. 115‑Estoppel by conduct‑Appellants admitting property allotted to be trust property and to have held it as tenants under Evacuee Trust Board‑Appellants, held, reconciled themselves to cancellation of allot ment or to virtual treatment of allotment as being void and could not turn back and challenge its disposal by competent authorities,‑. [Estoppel]. Sh. Abdur Rashid for Appellant. Nemo for Respondent. Date of hearing : 4th March 1980.