2006 PLP 1263 (CLC)

MAULVI ANWARUL HAQ, J.

This judgment shall decide Civil Revision No.457-D of 1991 and Civil Revision No.458-D of 1991, as common questions are involved.

2. According to both the plaints, the suit shops mentioned therein were owned by a Sikh before the independence of the country and were let out by him to a Hindu. The evacuee owner migrated to India. These were allotted to Ghulam Nabi (petitioner No.1 in Civil Revision No.458 of 1991) and Mst. Nazran, mother of Muhammad Ali son of Lakha (petitioner No.2 in Civil Revision No.458 of 1991). PTD was issued on 12-6-1976. A reference was filed under sections 8 and 10 of Evacuee Trust Property (Management and Disposal) Act (XIII of 1975). It was allowed by the Chairman of the Evacuee Trust Board on 12-12-1984. While revision filed against the said order was dismissed by Federal Government on 31-8-1987. These orders were stated to be illegal and void on the ground that the property was not evacuee trust property but was an evacuee property. The suits were contested. Issues were framed. Vide judgment and decree dated 6-6-1990 passed in both the suits the learned trial Court held that the Court had no jurisdiction and that the suit was barred by law and rejected the plaints. First appeals filed in both these cases were dismissed by learned District Judge, Sahiwal on 17-7-1991.

3. Learned counsel for the petitioner argues that since the property was not Evacuee Trust Property, the Chairman and the Secretary of the Federal Government have acted without jurisdiction while passing the said orders. Learned counsel for the respondent, on the other hand, refers to the provisions of sections 8 and 10 of the said Act, 1975 to urge that exclusive jurisdiction lies with the Chairman and that the civil Court had no jurisdiction. According to him even on plain reading of PTD the property was an Evacuee Trust Property.

4. I have gone through the copies of the records. To my mind both the learned courts below have very correctly interpreted. Sections 8 and 10 of the said Act, 1975 as also section 14 thereof barring the jurisdiction of Civil Court. Now admittedly the PTD was issued in 1976 A i.e. at a point of time after June, 1968 mentioned in section 10(1)(b) of the said Act. The question as to the nature of the property is of course, to be decided by the said Chairman subject to exercise of revisional powers by the Federal Government.

5. Now I have examined the PTD. It is Exh.P.1. in Civil Revision No.458 of 1991 and I find that the evacuee owner is mentioned as "Gurdawara Siri Gura Singh Sabba". Learned Courts below have acted in perfect accord with the law declared by the Honourable Supreme Court of Pakistan in cases titled Evacuee Trust Property Board through Assistant Director v. Muhammad Siddique alias Bandoo and others 1995 SCMR 1748 and Evacuee Trust Property Board v. Mst. Zakia Begum and others 1992 SCMR 1313.

6. Having thus, examined the records, I do not find any grounds being made out for interference with the impugned judgments and decrees within the meaning of section 115, C.P.C. Both the Civil Revisions are dismissed with no orders as to costs. F.B. /M-211/L???????????????????????????????????????????????????????????????????????????????????? Petitions dismissed.