2001 PLP 1826 (MLD)

Ch. Fazal Hussain for Respondents Nos.3 to

5. Date of hearing: 17th October, 2000. The dispute relates to property House No. 6/11 (Settlement Number) and 31/571 (Municipal Corporation Number) situated in Greenwood Street No. 1, Sialkot City. This property was treated as evacuee trust property in 1960 and the petitioner was directed by the Evacuee Trust Property Board to deposit the arrears of rent of, the house occupied by him. In response to the abovesaid notice, the petitioner deposited Rs. 930 which was subsequently refunded to him when the Chairman, Evacuee Trust Property Board declared the same as non‑trust property vide his order, dated 27‑9‑1975.

2. The Deputy Settlement Commissioner, Sialkot filed a reference before the Chairman, Evacuee Trust Property Board Government of Pakistan, Lahore on 27‑11‑1973 regarding determination of status of Property No. 6/11, Greenwood Street No. 1, Sialkot. After recording evidence in this regard, the. Chairman vide his order, dated 27‑9‑1975 accepted the reference and the abovesaid property was deleted from the record of Evacuee Trust Property Board.

3. Imam Din who was in occupation of lower portion of the property in dispute filed a revision petition before the Joint Secretary, Ministry of Religious Affairs and Minority Affairs, Government of Pakistan, Islamabad. This revision petition was accepted on 8‑9‑1982 and the case was remanded to the Chairman, Evacuee Trust Property Board to determine whether the property shown in the Municipal Committee/Excise and Taxation record as Evacuee Trust Property can be treated as simple evacuee property. The present Constitutional petition has been directed against the order; dated 8‑9‑1982.

4. I have heard learned counsel for the parties and have also perused the record. The record of Municipal Committee pertaining to year 1942 and 1946 as admitted by the Deputy Settlement Commissioner, Sialkot in Memorandum Nos. DSC/SLK/AK/NQ/3071, dated 6‑12‑1973, the property, is recorded as Gurdawara owned by Dharamshala and in this very register, the same being a place of ownership, has been shown as exempted from rent, vide Excise Officer's order, dated 26‑8‑1946. Contrary to this record the stand taken by the Settlement Department before the Chairman, Evacuee Trust Property Board which was also made basis of the impugned order passed by the Chairman was that no trust deed was available on the record of Municipal Office and the property owned by Pandat Ruldoo Ram was in his exclusive ownership and was never dedicated as trust. The Joint Secretary Government of Pakistan after considering the record produced before him remanded the case to the Chairman, Evacuee Trust Property Board to determine whether the property shown in the Municipal Committee/Excise Taxation Record as Evacuee Trust Property can be treated as simple evacuee property.

5. The question whether the property is evacuee trust property or a evacuee property requires a thorough probe and only there the character of the house in dispute can be determined within the framework of section 10 of Act XIII of 1975. Since the controversy essentially requires determination of disputed question of fact the proper authority to determine such question is the Chairman and not this Court in exercise of its Constitutional jurisdiction. Respondent No. 5 had the Jurisdiction to exercise the revisional power and in exercise of that jurisdiction no illegality or irregularity has been pointed out. This petition has, therefore, no merit and the same is dismissed without any order as to costs H.B.T./M‑641/L Petition dismissed.