1968 SCMR 532 (PLP)
GANESHDAS DWARKADAS AND OTHERS-Petitioners Versus CUSTODIAN OF EVACUEE PROPERTY, KARACHI AND OTHERS-Respondents
| Citation | 1968 SCMR 532 (PLP) |
| Forum / Court | High Court |
| Bench Members | A. R. Cornelius, C. J. and Fazle-Akbar, J |
| Parties | GANESHDAS DWARKADAS AND OTHERS-Petitioners Versus CUSTODIAN OF EVACUEE PROPERTY, KARACHI AND OTHERS-Respondents |
Q1: What are the key laws and sections cited in 1968 SCMR 532 (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1968 SCMR 532 (PLP)?
The case was heard and decided by the High Court bench comprising: A. R. Cornelius, C. J. and Fazle-Akbar, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1968 SCMR 532 (PLP) (GANESHDAS DWARKADAS AND OTHERS-Petitioners Versus CUSTODIAN OF EVACUEE PROPERTY, KARACHI AND OTHERS-Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Dingotral Ramchandani, Senior Advocate Supreme Court (Percy D. Ramchandani, Advocate Supreme Court with him) instructed by A. H. Menton Attorney for Petitioners.
- Nemo for Respondent.
Headnotes / Summary
(On appeal from the judgment and order of the High Court of West Pakistan, Karachi Bench, Karachi, dated the 2nd October 1967, in Writ Petition No. 507 of 1963). Pakistan (Administration of Evacuee Property) Act (XII of 1957)-Evacuee trust property-Special Leave to Appeal granted by Supreme Court where question entailed examination of legal instruments governing use and disposal of evacuee trust property and powers of Evacuee Property Trust Board.
Judgment & Decree
CORNELIUS, C. J.-This case requires further examination. A property standing on a piece of municipal land, which was constructed and used for charitable purposes of the Hindu Community, pre-Partition, became evacuee property when the members of the trust, the Sukkur Panchayat Hindu Dharamsala Society, emigrated to India. Subsequently, a new committee of Hindus, who are the present petitioners, were given a licence by the Municipality to occupy the land, provided the property continued to be used as a Dharamsala for the Hindus. This was in 1957. The aforesaid Committee did not gain the consent of the District Evacuee Trust Committee for its management of the property. In 1963, the latter Committee presented the private Committee with a bill of Rs. 35,784 as arrears of rent of the property. After certain proceedings before the Custodian, the private Committee moved a writ petition before the High Court seeking quashment of the claim against them for rent. The High Court having refused the writ, leave to appeal is now sought. The question raised entails examination of the legal instruments governing the use and disposal of evacuee trust property, and the powers of the Evacuee Property Trust Board, in the special circumstances of the case. We grant leave to appeal. Security-Rs. 1,
000. Proceedings for recovery under the demand for rent are stayed ad interim. Petition accepted.