| Case ID |
14f42fcc-1a23-4de5-be42-072e2384e8fe |
| Body |
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| Case Number |
Civil Petition No. 54 of 1982 |
| Decision Date |
May 09, 1983 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petition for leave to appeal, affirming the lower court's decision. The court held that the petitioner, Ghulam Rasul, could not challenge the jurisdiction of the Evacuee Trust Property Board after participating in its proceedings. The board's actions were deemed valid and within its powers as granted under the relevant laws. The court emphasized that since the property in question was no longer available for transfer, the petitioner's request was unfounded. The decision reinforced the authority of the Evacuee Trust Board in managing evacuee properties as per the legal framework established by the Evacuee Trust Property Ordinance. |
| Summary |
This case revolves around the legal intricacies of property rights concerning evacuee trust properties in Pakistan. The Supreme Court's ruling established that once a party engages with the Evacuee Trust Property Board, they are estopped from questioning its jurisdiction. Ghulam Rasul's struggle for the transfer of Property No. S 38 R 201, Lahore, highlights the procedural challenges faced by individuals in similar situations. The court's decision underscored the need for adherence to legal protocols in property management, particularly in cases involving government-directed boards. This case serves as a significant reference for future disputes regarding evacuee properties and the authority of managing boards, ensuring that the legal frameworks are respected and upheld. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
NASIM HASAN SHAH,
M. S. H. QURAISHI
|
| Lawyers |
S. A. Saeed, Advocate Supreme Court,
S. Wajid Hussain, Advocate on-Record,
M. Aslam Chaudhary, Advocate on-Record
|
| Petitioners |
GHULAM RASUL
|
| Respondents |
AND OTHERS,
JAVAID SAYYED
|
| Citations |
1983 SLD 328,
1983 SCMR 1256
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Evacuee Trust Property (Management and Disposal Ordinance (XVI of 1974)
|
| Sections |
Art. 185(3),
S. 4(2)(d)
|