1981 PLP 1006 (CLC)
PROPERTY, LAHORE‑Petitioner Versus A. R. CHAUDHARY AND 4 others — Respondents
| Citation | 1981 PLP 1006 (CLC) |
| Forum / Court | Lahore |
| Bench Members | Muhammad Afzal Lone, J |
| Parties | PROPERTY, LAHORE‑Petitioner Versus A. R. CHAUDHARY AND 4 others — Respondents |
| Primary Law | (b) Evacuee Trust Properties (Management and Disposal) Act (XVI of 1975)‑, (d) Civil Procedure Code (V of 1908)‑ |
Q1: What are the key laws and sections cited in 1981 PLP 1006 (CLC)?
This judgment primarily cites: (b) Evacuee Trust Properties (Management and Disposal) Act (XVI of 1975)‑, (d) Civil Procedure Code (V of 1908)‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1981 PLP 1006 (CLC)?
The case was heard and decided by the Lahore bench comprising: Muhammad Afzal Lone, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1981 PLP 1006 (CLC) (PROPERTY, LAHORE‑Petitioner Versus A. R. CHAUDHARY AND 4 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Khurshid Ahmad for Petitioner.
Headnotes / Summary
(a) Constitution of Pakistan (1973)‑ ‑‑ Art. 199 read with Evacuee Trust Properties (Management and Disposal) Act (XVI of 1975), Ss. 2, 3 & 4‑Aggrieved person --Evacuee Trust Property Board‑A corporate body capable of suing and being sued‑Supervision and control of evacuee trust properties also vesting in Board‑Deputy Administrator of such properties neither being personally interested in such property nor otherwise concerned with general supervision or control of such properties as against Evacuee Trust Property Board‑Aggrieved person as such, held, Evacuee Trust Property Board and not Deputy Administrator and Board alone could file writ petition. ‑‑ Ss. 2 & 8‑Mere entry of "Wakf Ahl‑i‑Hunood" in Record‑of-- Rights‑Not sufficient to establish property as evacuee trust pro perty‑Petitioner (Deputy Administrator Trust), held, ought to have brought evidence on record relating to constitution of trust, aims and objects of trust, and also beneficiaries under trust. Evacuee Property Trust Board v. Lahore Improvement Trust, Lahore P L D 1969 Lah. 243 and Divisional Evacuee Trust Committee v. Abdullah 1970 S C M R 503 ref. (c) Constitution of Pakistan (1973)‑‑ ‑‑ Art. 199‑Writ jurisdiction‑Impugned order though a little deficient in contents but not lacking soundness‑Person passing order having jurisdiction to pass such order, held, cannot be disturbed in writ proceedings. ‑‑ O. I, r. 10‑Request an afterthought and writ petition also being not maintainable: permission to implead another as petitioner disallowed‑Constitution of Pakistan (1973), Art. 199.
Judgment & Decree
‑‑ Art. 199 read with Evacuee Trust Properties (Management and Disposal) Act (XVI of 1975), Ss. 2, 3 & 4‑Aggrieved person --Evacuee Trust Property Board‑A corporate body capable of suing and being sued‑Supervision and control of evacuee trust properties also vesting in Board‑Deputy Administrator of such properties neither being personally interested in such property nor otherwise concerned with general supervision or control of such properties as against Evacuee Trust Property Board‑Aggrieved person as such, held, Evacuee Trust Property Board and not Deputy Administrator and Board alone could file writ petition. (b) Evacuee Trust Properties (Management and Disposal) Act (XVI of 1975)‑
‑‑ Ss. 2 & 8‑Mere entry of "Wakf Ahl‑i‑Hunood" in Record‑of-- Rights‑Not sufficient to establish property as evacuee trust pro perty‑Petitioner (Deputy Administrator Trust), held, ought to have brought evidence on record relating to constitution of trust, aims and objects of trust, and also beneficiaries under trust. Evacuee Property Trust Board v. Lahore Improvement Trust, Lahore P L D 1969 Lah. 243 and Divisional Evacuee Trust Committee v. Abdullah 1970 S C M R 503 ref. (c) Constitution of Pakistan (1973)‑‑ ‑‑ Art. 199‑Writ jurisdiction‑Impugned order though a little deficient in contents but not lacking soundness‑Person passing order having jurisdiction to pass such order, held, cannot be disturbed in writ proceedings. (d) Civil Procedure Code (V of 1908)‑
‑‑ O. I, r. 10‑Request an afterthought and writ petition also being not maintainable: permission to implead another as petitioner disallowed‑Constitution of Pakistan (1973), Art.
199. Ch. Khurshid Ahmad for Petitioner.