| Case ID |
e0b22fe7-406a-4b11-be28-cd79eae26d56 |
| Body |
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| Case Number |
Civil Appeal No. K-10 of 1969 |
| Decision Date |
May 08, 1973 |
| Hearing Date |
Feb 20, 1973 |
| Decision |
The Supreme Court of Pakistan ruled that the lease deed executed by the Evacuee Property Trust Board was illegal and ultra vires, as it contravened the provisions of the Displaced Persons (Compensation and Rehabilitation) Act, 1958, specifically section 16-A. The court found that the Evacuee Trust Board lacked the authority to lease out the property for a term of 99 years and that the properties in question were held for religious and charitable purposes. The Court instructed the restoration of the cow-shed and the return of the cows that had been removed, emphasizing the need to adhere to the trust's objectives of caring for cattle and other animals. The appeal was accepted, leading to a significant precedent regarding the management of evacuee properties and the rights of the associated organizations. |
| Summary |
The case revolves around the legality of a lease agreement made by the Evacuee Property Trust Board concerning properties belonging to the Karachi Panjrapore Association, which was established for the welfare of cattle. The Supreme Court's ruling emphasized the importance of adhering to the provisions laid out in the Displaced Persons (Compensation and Rehabilitation) Act, 1958, particularly regarding the management of properties designated for charitable and religious purposes. The Court's decision not only reinstated the rights of the Karachi Panjrapore Association but also highlighted the legal framework governing evacuee properties. This case sets a precedent for future disputes involving the management of properties held for public and charitable purposes, reinforcing the need for compliance with established laws and regulations. The implications of this ruling are significant for various religious and charitable organizations operating under similar frameworks, ensuring that their rights are protected against unlawful leases and disposals. Keywords such as 'evacuee properties', 'charitable trust management', and 'Supreme Court rulings' are crucial for understanding the broader impact of this case. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Evacuee Property Trust Board,
Karachi Panjrapore Association
|
| Judges |
MUHAMMAD YAQUB ALI,
WAHEEDUDDIN AHMAD,
SALAHUDDIN AHMED
|
| Lawyers |
Khalid M. Ishaque, Advocate Supreme Court,
Mujahid Hussain, Advocate-on-Record,
K. T. Doshi, Advocate Supreme Court,
Ali Akbar, Advocate-on-Record,
Ajmal Mian, Advocate Supreme Court,
S. Anwar Ali, Advocate-on-Record,
Wasim Hamid Rizvi, Advocate Supreme Court,
Shafiq Ahmad, Advocate-on-Record,
Ghulam Ali Memon, Advocate-on-Record
|
| Petitioners |
,
Shri TIKAMDAS HIRANAND,
Mujahid Hussain
|
| Respondents |
,
DIVISIONAL EVACUEE TRUST COMMITTEE, KARACHI ZONE, KARACHI
|
| Citations |
1973 SLD 127,
1973 SCMR 315
|
| Other Citations |
Not available
|
| Laws Involved |
Displaced Persons (Compensation and Rehabilitation) Act
|
| Sections |
16-A
|