Doctrine of equity

2015 SCMR 1520 SUPREME-COURT Judicial Precedent

Public trust, doctrine ofScope

Public trust resource could not be converted into private use or any other use other than a public purpose.

2013 SCMR 706 SUPREME-COURT-OF-INDIA Judicial Precedent

S.10Constitution of Pakistan, Art. 185(3)Transfer of property from compensation pool by means of auctionDoctrine of equityScope

Authorities auctioned off urban evacuee land in dispute and after receiving full consideration allotted the same to the respondents and issued Provisional Transfer Orders (PTOs) and Permanent Transfer Deeds (PTDs) in their favour

Petitioners' claimed that their predecessor-in-interest had before independence, mortgaged land in dispute to a mortgagee (evacuee) in lieu of consideration, vide registered mortgage deed; that land in dispute was redeemed after payment of mortgage money, therefore allotment of the same in the name of the allotees was unlawful and its possession should be handed over to petitioners

Settlement Commissioner after holding detailed inquiry rejected claim of the petitioners

Constitutional petition filed by petitioners before High Court against order of Settlement Commissioner was also dismissed

Validity

Land in dispute was in the name of evacuee even prior to partition (i.e. 1947)

Settlement Commissioner after conducting a detailed inquiry and having examined the record keeper and relevant record of Municipal Corporation came to the conclusion that site plan of house constructed on land in dispute was approved in the name of evacuee as far back as 12-9-1943, which was much before the alleged mortgage deed

After partition houses and plots constructed on the property were put to auction by the Deputy Settlement Commissioner and after receiving full payment, Provisional Transfer Orders (PTOs) and Permanent Transfer Deeds (PTDs) were issued

Even in the Permanent Transfer Deed (PTDs) issued, name of evacuee appeared in the ownership column

Khasra number in revenue record was shown to be in the name of evacuee

No evidence was led to show that there was any element of fraud in issuance of Permanent Transfer Deeds (PTDs) or in possession of the property

Settlement Commissioner had found that either there was an exchange of land or the predecessor-in-interest of petitioners had sold the land in dispute to the evacuee much before partition

Evacuee owner had constructed house on land in dispute prior to partition and to the knowledge of the predecessor-in-interest of petitioners, but no steps were taken by the latter to restrain the construction

High Court also refused to interfere in order of Settlement Commissioner for the reason that it would be inequitable since it would result in uprooting a number of families who had been built houses and had been living there since long

Petition for leave to appeal was dismissed in circumstances and leave was refused.