Validation of certain transfers

2022 YLR 464 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

S. 10Transfer of Property Act (IV of 1882), Ss. 41, 10 & 11Validation of certain transferTransfer by ostensible ownerCondition restraining alienationRestriction repugnant to interest createdScope

Chairman, Evacuee Trust Property Board on filing of reference by the Deputy Administrator treated the suit land as trust property and ordered for its sale

Petitioner, an alleged purchaser of the suit property, claimed that he had purchased the land in question but did not give any information in respect of the sale transaction in his favour

Petitioner had neither appended any alleged title document with the petition nor mentioned any details in that regard

If any person had allegedly transferred the land in question in favour of the petitioner without any title, even then the petitioner had no protection of law

Subsequent purchaser was always saddled with extraordinary responsibility of taking care and caution to deeply scrutinize the genuineness or originality or legality of the title of the vendor before entering into the sale transaction under the principle of caveat emptor subject to incidence of Ss.10 & 11 of the Transfer of Property Act, 1882 and if an infirmity or deficiency subsequently emerged in the title of the vendor that shall always travel with the land and subsequent purchaser was precluded to raise plea of protection under S.41 of the Transfer of Property Act, 1882, rather he had to face consequences of his own negligence for not making a bona fide reasonable investigation into the title of the vendor as required under the principle of caveat emptor

Constitutional petition was dismissed, in circumstances.

2020 CLCN 36 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Ss. 8, 10 & 17Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975), S. 3Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 4Qanun-e-Shahadat (10 of 1984), Art. 100Declaration of property as "evacuee trust property"Validation of certain transfersScopeTransfer of propertyPresumption as to documents thirty years oldNon-production of evidence of transfer of propertyEffect

Chairman, Evacuee Trust Property Board, while invoking jurisdiction under Ss. 8 & 10 of Evacuee Trust Property (Management and Disposal) Act, 1975, cancelled the Permanent Transfer Deed (PTD)

Revisional Authority set aside the order passed by the Chairman, validated the PTD and declared the remaining suit property to be evacuee trust property

Validity

Jamabandi and khasra girdawaris for the years 1965 to 2002 showed that the property belonged to Gurdwara, which was an evacuee trust property and such longstanding entries had acquired the presumption of correctness under Art. 100 of Qanun-e-Shahadat, 1984

Revenue record was sufficient for proving that the suit property was trust property

Property belonging to Gurdwara in view of S. 4(2) of the Displaced Persons (Compensation and Rehabilitation) Act, 1958, was not available in the pool of available properties of Settlement Department, which lacked jurisdiction to allot the trust properties to any person

Properties attached to charitable, religious or educational trusts or institutions were excluded from the Settlement Pool under S. 3 of Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975

No document of auction proceedings was placed before the High Court to show that issuance of PTD was made in accordance with law

No khasra number was mentioned in the PTD

Order passed by Revisional Authority was set aside and that of Chairman was restored

Constitutional petitions were allowed, in circumstances.

2013 MLD 1695 KARACHI-HIGH-COURT-SINDH Judicial Precedent

S.10Constitution of Pakistan, Art.199Constitutional petitionValidation of certain transfersPermanent Transfer Deed, cancellation ofEffect

Chairman Evacuee Trust Properties Board declared properties in question as Evacuee Trust Properties and Permanent Transfer Deeds issued by Settlement Department against verified claims were cancelled

Petitioners were aggrieved with the order only to the extent of cancellation of Permanent Transfer Deeds

Validity

Orders for refusal of validation of transfers and cancellation of Permanent Transfer Deeds were passed by Chairman on the grounds that properties were transferred through open auction and not on satisfaction of personal verified claims

Such finding by the Chairman was contrary to record before him, as validation process of all properties had been completed and Permanent Transfer Deeds were issued in respect thereof prior to target date of June, 1968 by Settlement Department against verified claims of displaced persons, after receiving price of properties from their respective personal Compensation Books

Provincial Government had discussed all aspects and its observations and findings were based on sound reasoning and a correct interpretation of S. 10 of Evacuee Trust Properties (Management and Disposal) Act, 1975, and the orders did not require any interference by High Court

Petition was dismissed in circumstances.