1986 PLP 1474 (SCMR)
THE EVACUEE TRUST PROPERTY BOARD and another — Petitioners Versus Haji GHULAM RASUL and 5 others — Respondents
| Citation | 1986 PLP 1474 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah and Zaffar Hussain Mirza, JJ |
| Parties | THE EVACUEE TRUST PROPERTY BOARD and another — Petitioners Versus Haji GHULAM RASUL and 5 others — Respondents |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 1986 PLP 1474 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1986 PLP 1474 (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah and Zaffar Hussain Mirza, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1986 PLP 1474 (SCMR) (THE EVACUEE TRUST PROPERTY BOARD and another — Petitioners Versus Haji GHULAM RASUL and 5 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- 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.
- 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).
Headnotes / Summary
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.
Judgment & Decree
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.