EVACUEE TRUST PROPERTY BOARD vs MIRAJ DIN AND Other
This matter arises from a petition for leave to appeal filed by the Evacuee Trust Property Board against the dismissal of its appeal by the High Court. The property in question was transferred to the respondents and a Permanent Transfer Deed was issued in 1963. In 1966, the Board sought cancellation of the transfer under section 4(3) of the Displaced Persons (Compensation and Rehabilitation) Act 1958, claiming the property was evacuee trust property. The Settlement Commissioner dismissed the application in 1968, finding it was private property. During the pendency of the Board's appeal before the High Court, the Evacuee Trust Properties (Management and Disposal) Act 1975 came into force, containing a saving provision under section 10(1)(b) validating bona fide transfers where Permanent Transfer Deeds were issued prior to June 1968. The High Court dismissed the appeal based on this provision. The core legal question was whether the High Court erred in dismissing the appeal in light of the statutory protection afforded by the 1975 Act. The Supreme Court held that the High Court's order was unexceptionable as the statutory conditions for valid transfer under the 1975 Act were met, and dismissed the petition.
- Whether an immovable evacuee trust property transferred with a Permanent Transfer Deed issued prior to June 1968 is deemed validly transferred under the Evacuee Trust Properties (Management and Disposal) Act 1975?
- Does the question of bona fide transfer under section 10(2) of the Evacuee Trust Properties (Management and Disposal) Act 1975 render interference unwarranted in proceedings initiated under the Displaced Persons (Compensation and Rehabilitation) Act 1958?
- Section 4(3), Displaced Persons (Compensation and Rehabilitation) Act 1958
- Section 4(4), Displaced Persons (Compensation and Rehabilitation) Act 1958
- Section 10(1)(b), Evacuee Trust Properties (Management and Disposal) Act 1975
- Section 10(2), Evacuee Trust Properties (Management and Disposal) Act 1975
ORDER
M. S. H. QURESHI, J. The property in question had been transferred to the respondents and a P. T. D.
Issued in their favour 10-8-1963. The Evacuee Trust Property Board, however, moved an application in 1966 before the Settlement Commissioner, Lahore, under section 4(3) 4 the Displaced Persons (Compensation and Rehabilitation) Act (XXVI11 of 1958), seeking cancellation of the transfer of the property on the ground that it was evacuee trust property. The application was dismissed on 16- 1"-1968 on the finding that the property was not attached to any religious, chartable or educational trust for public use but was the private property of an evacuee The Board then moved the High Court in appeal under section 4(4) of act XXIII of 1958 During the pendency of the appeal, the Evacuee Trust Properties (Management and Disposal) Act (XIII of 1975) came into force, effective from 1-7-1974, section 10(I) (b) of which laid down that: An immovable evacuee trust property, if situated in an urban area and utilised bona fide under any Act for transfer against the satisfaction of verified claims in respect of which Permanent Transfer Deed were issued prior to June, 1968, shall be deemed to have been validly transferred by sale to the Chief Settlement Commissioner, and tie sale proceeds thereof shall be reimbursed to the Board and shall form part of the Trust Pool.
The learned Judge of the High Court, in view of the above provision, held that no interference was called for and as such dismissed the appeal on 24-6-1981. The Board feeling aggrieved is now seeking leave to appeal
2. The contention, by reference to the provision of subsection (2) of section 10 of Act XIII of 1975, is that the question whether the transaction of transfer was bona fide or not was to be decided by the Chairman whose decision was final. But the contention is not relevant to the proceeding, which ended in the impugned decision. It had been initiated by an applica--tion made under section 4(3) of Act XXVIII of 1958 upon the assertion that the property was evacuee trust property. The order passed by the High Court is, therefore, not open to exception. The petition is dismissed.