| Case ID |
43329649-5f6b-4a2f-a72a-ee21d2f88b62 |
| Body |
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| Case Number |
Writ Petitions Nos. 13404, 13405 and 14006 of 2012 |
| Decision Date |
Oct 09, 2019 |
| Hearing Date |
Oct 09, 2019 |
| Decision |
The Lahore High Court dismissed the writ petitions filed by the petitioners, challenging the order passed by the Chairman of the Evacuee Trust Property Board. The court found that the Chairman had validly declared the suit land as evacuee trust property and cancelled the allotments made to the petitioners. The court held that the long-standing entries in the revenue record established the property as evacuee trust property and that the petitioners failed to provide credible evidence to rebut this presumption. The court emphasized that the Chairman acted within his jurisdiction and authority under the relevant laws to take cognizance of the matter. |
| Summary |
In the case of Imam Din and Others vs. Government of Pakistan, the Lahore High Court addressed the legality of the Chairman of the Evacuee Trust Property Board's order which declared certain lands as evacuee trust properties. The petitioners, who claimed ownership through allotments made in the 1960s, contested the cancellation of their allotments. The court highlighted the relevance of historical revenue records and the authority of the Chairman to make decisions regarding evacuee properties. Ultimately, the court upheld the Chairman's decision, reinforcing the criteria under the Evacuee Property and Displaced Persons Laws and the Qanun-e-Shahadat, which governs evidence in legal proceedings. The judgment emphasized the importance of documentary evidence over oral assertions, establishing a precedent for future cases involving evacuee trust properties. |
| Court |
Lahore High Court
|
| Entities Involved |
Government of Pakistan,
Evacuee Trust Property Board
|
| Judges |
CH. MUHAMMAD IQBAL
|
| Lawyers |
Ch. Iqbal Ahmad Khan,
Shoaib Ahmad Ranjha,
Nassir Ahmad Awan,
Rana Zahid Nasim Shahid
|
| Petitioners |
Others,
Imam Din
|
| Respondents |
Others,
GOVERNMENT OF PAKISTAN THROUGH SECRETARY, MINISTRY OF MINORITY AND RELIGIOUS AFFAIRS
|
| Citations |
2021 SLD 1498,
2021 YLR 894
|
| Other Citations |
Abdul Ghani and others v. Mst. Yasmeen Khan and others 2011 SCMR 837,
Saleem Akhtar v. Nisar Ahmad PLD 2000 Lah. 385,
District Evacuee Trust Committee v. Mashraf Khan and 3 others 1989 SCMR 1636,
District Evacuee Trust Committee v. Muhammad Umar and others 1990 SCMR 25,
Secretary, District Evacuee Trust Property v. Qazi Habibullah and 2 others PLD 1991 SC 586,
Qazi Akbar Jan and others v. The Chairman District Evacuee Trust Committee, Peshawar and others 1991 SCMR 2206,
Auqaf Department through Chief Administrator Auqaf, Punjab, Lahore v. Secretary, Ministry of Religious Zakat, Ushar and Minorities Affairs Government of Pakistan, Islamabad and 3 others 2009 SCMR 210,
Deputy Administrator, Evacuee Trust Property, Karachi and others v. Abdul Sattar and another 2000 SCMR 1929,
Secretary to the Government of Pakistan, Minorities Affairs Division, Islamabad and 2 others v. Mst. Shah Jehan Bano and others 2005 SCMR 907
|
| Laws Involved |
Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975,
Qanun-e-Shahadat (10 of 1984)
|
| Sections |
8,
100
|