| Case ID |
2a8a317f-a92e-4b44-9483-cae03664513b |
| Body |
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| Case Number |
Civil Revisions Nos.457-D and 458-I of 1991 |
| Decision Date |
Mar 09, 2006 |
| Hearing Date |
Mar 09, 2006 |
| Decision |
The Lahore High Court dismissed both Civil Revisions Nos. 457-D and 458-I of 1991, affirming the lower courts' decisions that the civil court lacked jurisdiction over the matter. The court held that the determination of the nature of the property in question, claimed to be evacuee trust property, falls under the exclusive jurisdiction of the Chairman of the Evacuee Trust Board as per the provisions of the Evacuee Trust Properties (Management and Disposal) Act, 1975. The court found no grounds for interference with the previous judgments and decrees, thus upholding the trial court's decision to reject the plaints based on jurisdictional issues. |
| Summary |
In the case of Civil Revisions Nos. 457-D and 458-I of 1991, the Lahore High Court addressed significant legal issues surrounding the jurisdiction of civil courts in matters involving evacuee trust properties. The case stemmed from disputes over properties formerly owned by evacuees, highlighting the application of the Evacuee Trust Properties (Management and Disposal) Act of 1975. The court emphasized the exclusive authority of the Chairman of the Evacuee Trust Board to determine the nature of such properties, thereby reinforcing the legal framework protecting evacuee properties. This case serves as a critical reference for understanding jurisdictional boundaries in property disputes involving evacuees, ensuring that legal practitioners and stakeholders comprehend the implications of the Act on their cases. The decision underscores the importance of adhering to statutory provisions and the role of the Evacuee Trust Board in managing related disputes. Keywords such as 'Evacuee Trust Properties', 'jurisdiction', 'Lahore High Court', and 'legal framework' are essential for anyone researching this topic. |
| Court |
Lahore High Court
|
| Entities Involved |
Government of Pakistan,
Evacuee Trust Properties Board
|
| Judges |
MAULVI ANWARUL HAQ, J
|
| Lawyers |
Javed Ahmad Khan for Petitioner,
Malik M. Jaffar Kambo for Respondents
|
| Petitioners |
Haji MONEER AHMAD
|
| Respondents |
ISLAMIC REPUBLIC OF PAKISTAN through Secretary Ministry of Religious and Minorities, Evacuee Trust Properties Board and Rehabilitation, Government of Pakistan and 3 others
|
| Citations |
2006 SLD 2207 = 2006 CLC 1263
|
| Other Citations |
Evacuee Trust Property Board through Assistant Director v. Muhammad Siddique alias Bandoo and others 1995 SCMR 1748,
Evacuee Trust Property Board v. Mst. Zakia Begum and others 1992 SCMR 1313
|
| Laws Involved |
Evacuee Trust Properties (Management and Disposal) Act (XIII of 1975)
|
| Sections |
8,
10(1)(b),
14
|