| Case ID |
d88ab504-9d42-453b-babd-00a8fce17032 |
| Body |
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| Case Number |
Civil Appeals Nos.185, 186, 188, 189 and 190 of 19 |
| Decision Date |
Jun 28, 1989 |
| Hearing Date |
|
| Decision |
The appeals were accepted and the properties in dispute were declared to be evacuee trust properties attached to a charitable, religious and educational trust. The court emphasized that the evidence presented demonstrated that the properties were treated as trust properties for charitable purposes. The court also noted the importance of documentary evidence, including sale-deeds and correspondence, that supported the claim of the trustees treating the properties as part of the trust. The ruling clarified the need for confirmation by the Custodian Authority in certain transactions but upheld the status of the properties as evacuee trust properties, indicating that they should not form part of the compensation pool under the relevant laws. |
| Summary |
In a landmark decision by the Supreme Court of Pakistan, Civil Appeals Nos.185, 186, 188, 189 and 190 of 1981, the court addressed complex issues surrounding the status of evacuee trust properties. The case revolved around the interpretation of the Evacuee Trust Properties (Management and Disposal) Act, 1975, particularly focusing on whether certain properties could be classified as trust properties based on historical transactions and the intentions of the original trust creators. The court examined various sale-deeds and related documents that indicated a clear intent to maintain the properties for charitable, religious, and educational purposes. This ruling is significant for the legal understanding of property rights in relation to trusts and the responsibilities of custodians in managing evacuee properties. Keywords such as 'evacuee trust properties', 'charitable trust', 'trust law', 'property rights', and 'Pakistan Supreme Court' are critical for enhancing the visibility and relevance of this case in legal discussions and research. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD HALEEM, C.J.,
SHAFIUR RAHMAN,
ZAFFAR HUSSAIN MIRZA,
SAAD SAOOD,
JAN,
ALI HUSSAIN QAZILBASH
|
| Lawyers |
Ch.Fazal-i-Hussain, Advocate Supreme Court,
Muhammad Aslam Chaudhry, Advocate-on-Record for Appellants,
Akhtar Mehmood, Advocate-on-Record for Intervenor,
M. S. Ghaury, Advocate-on-Record for Respondents
|
| Petitioners |
THE EVACUEE TRUST PROPERTY BOARD and others
|
| Respondents |
Haji GHULAM RASUL KHOKHAR and others
|
| Citations |
1990 SLD 770,
1990 SCMR 725
|
| Other Citations |
Lakshmi Narayan Jew and others v. The Province of East Pakistan 1969 S C M R 898,
Divisional Evacuee Trust Committee v. Abdullah and others 1970 S C M R 503,
Syed Abdus Saleem and others v. The Chairman, Evacuee Property Trust Board and another P L D 1975 Lah. 900,
Badruddin v. Kazi Munshi and others P L D 1972 Kar. 101
|
| Laws Involved |
Evacuee Trust Properties (Management and Disposal) Act (XIII of 1975),
West Pakistan Land Revenue Act (XVII of 1967)
|
| Sections |
10,
8,
52
|