| Case ID |
0393081f-afc9-41cf-b5fb-dd38bbb68be1 |
| Body |
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| Case Number |
Civil Revision No. 2290 of 1989 |
| Decision Date |
Dec 13, 2000 |
| Hearing Date |
Dec 13, 2000 |
| Decision |
The Lahore High Court dismissed the Civil Revision filed by the petitioners, affirming the decision of the lower courts regarding the ownership of the property used for the school. The court ruled that the Privately-Managed Schools and Colleges (Taking Over) Regulation, 1972 did not intend to take over the properties of individuals running privately-managed schools. It was determined that the title of the properties remained with their owners and the claim by the Authority regarding nationalization was rejected as there was no evidence that the property was gifted or made a Waqf in favor of the Government. The court emphasized that only the administration and operation of the school were vested in the Provincial Government, not the ownership of the property. |
| Summary |
This case revolves around the nationalization of privately-managed schools and the ownership of the properties involved. The Lahore High Court examined the claims made by the respondents, who argued that their father had rented out part of their house to the Authority for running a school. The Authority contended that due to nationalization, the ownership of the property had transferred to them. However, the court ruled that the Privately-Managed Schools and Colleges (Taking Over) Regulation, 1972 was not designed to transfer ownership of the properties, but rather to vest the administration of the schools in the Provincial Government. The ruling reinforced the notion that the title of properties remained with their original owners, thereby protecting the rights of individuals against unwarranted claims of ownership by the State. This case is significant for understanding the implications of nationalization on property rights and the legal framework governing privately-managed educational institutions in Pakistan. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MAULVI ANWARUL HAQ, J
|
| Lawyers |
Abdul Majid Sheikh,
Nemo
|
| Petitioners |
PROVINCE OF PUNJAB
|
| Respondents |
FAZAL AHMAD
|
| Citations |
2001 SLD 2516,
2001 CLC 1185
|
| Other Citations |
1987 SCMR 1197
|
| Laws Involved |
Privately-Managed Schools and Colleges (Taking Over) Regulation; 1972
|
| Sections |
Paras. 4, 5, 6 & 8
|