1994 PLP 1949 (SCMR)
ABDUL WAHAB UMER through Legal Heirs‑‑‑Petitioner Versus EVACUEE TRUST PROPERTY BOARD, GOVERNMENT OF
| Citation | 1994 PLP 1949 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Nasim Hasan Shah, CJ., Fazal Ilahi Khan |
| Parties | ABDUL WAHAB UMER through Legal Heirs‑‑‑Petitioner Versus EVACUEE TRUST PROPERTY BOARD, GOVERNMENT OF |
| Primary Law | Evacuee Trust Properties (Management and Disposal) Act (XIII of 1975)‑‑ |
Q1: What are the key laws and sections cited in 1994 PLP 1949 (SCMR)?
This judgment primarily cites: Evacuee Trust Properties (Management and Disposal) Act (XIII of 1975)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1994 PLP 1949 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Nasim Hasan Shah, CJ., Fazal Ilahi Khan.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1994 PLP 1949 (SCMR) (ABDUL WAHAB UMER through Legal Heirs‑‑‑Petitioner Versus EVACUEE TRUST PROPERTY BOARD, GOVERNMENT OF). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Tanvir Ahmed, Advocate‑on‑Record for Petitioner. Malik Muhammad Azam Rasool, Advocate for Respondent.
- Date of hearing: 27th November, 1993.
- 2. Learned counsel for the petitioners Mr. Tanvir Ahmad Khan has been heard. Malik Muhammad Azam Rasool, Advocate, learned counsel for the respondent has been heard in reply.
Headnotes / Summary
(On review from the judgment dated 9‑6‑1992 of this Court passed in C.P. No. 931‑L of 1991). ‑‑‑‑S. 8‑‑‑Supreme Court Rule 1980, O.XXVI, R. 1‑‑‑Constitution of Pakistan (1973), Art. 188‑‑‑Review of Supreme Court judgment ‑‑‑Justification‑‑ Petitioner's plea that petitioner had now been able to obtain an authentic document which went to show that property in question, was not Evacuee Trust Property, required to be duly considered‑‑‑Earlier order of Supreme Court refusing to grant leave to appeal was set aside and leave was granted‑‑ In order to do complete justice appeal was accepted; order of High Court was set aside and matter was remanded to High Court for fresh decision after taking into account the document now secured by petitioner.
Judgment & Decree
‑‑‑‑S. 8‑‑‑Supreme Court Rule 1980, O.XXVI, R. 1‑‑‑Constitution of Pakistan (1973), Art. 188‑‑‑Review of Supreme Court judgment ‑‑‑Justification‑‑ Petitioner's plea that petitioner had now been able to obtain an authentic document which went to show that property in question, was not Evacuee Trust Property, required to be duly considered‑‑‑Earlier order of Supreme Court refusing to grant leave to appeal was set aside and leave was granted‑‑ In order to do complete justice appeal was accepted; order of High Court was set aside and matter was remanded to High Court for fresh decision after taking into account the document now secured by petitioner. Tanvir Ahmed, Advocate‑on‑Record for Petitioner. Malik Muhammad Azam Rasool, Advocate for Respondent. Date of hearing: 27th November, 1993. NASIM HASAN SHAH, CJ.‑‑‑This is a petition for review of this Court's order dated 9‑6‑1992 whereby Civil Petition No. 931‑L of 1991 was dismissed.
2. Learned counsel for the petitioners Mr. Tanvir Ahmad Khan has been heard. Malik Muhammad Azam Rasool, Advocate, learned counsel for the respondent has been heard in reply.
3. After hearing learned counsel for the parties we think that this matter does require further consideration. The submission that the petitioner has now been able to obtain an authentic document which goes to show that the property in dispute is not an Evacuee Trust Property requires to be duly considered.
4. In these circumstances we would accept this Review Petition, set aside our earlier order dated 9‑6‑1992. Leave to appeal is granted.
5. In order to do complete justice in this case the appeal is accepted, the order of the Lahore High Court dated 15‑7‑1991 is set aside and the matter remanded to the High Court for decision after taking into account the document now secured by the petitioner, afresh.
6. This petition is accepted in the above terms. AA./A‑1123/S Order accordingly.