SAGHIR HUSSAIN AND Others vs KHAN MUQARRAB KHAN, SETTLEMENT AND CLAIMS COMMISSIONER (WITH POWERS OF CHIEF SETTLT. COMMR. ETC.)
This petition for leave to appeal challenged a High Court order dismissing an appeal regarding the transfer of property bearing No. E/459-A, Shahalam Gate, Lahore. The petitioners, who were tenants of the property, sought to challenge its transfer to the respondents by asserting that the property was evacuee trust property owned by the R. B. Lachman Dass Free Hospital and thus not transferable under the Displaced Persons (Compensation and Rehabilitation) Act, 1958. The core legal question was whether the petitioners, as tenants, possessed the requisite locus standi to initiate proceedings to declare the property as evacuee trust property, particularly given their prior attempts to secure the property for themselves. The Supreme Court upheld the High Court's decision, affirming that the petitioners lacked the necessary locus standi to maintain the appeal. The Court further noted that the petitioners' conduct—having previously sought the property's transfer for themselves—estopped them from later claiming it was trust property. Consequently, the petition was dismissed, with the Court declining to express an opinion on the underlying merits of the property's status.
- Do tenants of a property have the locus standi to initiate proceedings to declare that property as evacuee trust property?
- Does a party's prior attempt to obtain property transfer for themselves estop them from later challenging the transfer on the grounds that the property is evacuee trust property?
- Section 4(3), Displaced Persons (Compensation and Rehabilitation) Act 1958
ORDER
1. NASIM HASAN SHAH, J. This is a petition for leave to appeal directed against the order dated 10-7- 1976 dismissing the Settlement Appeal (No. 1 of 1969) directed against the order dated 30-9-1968 passed by the Settlement Commissioner, Lahore, with powers of Chief Settlement Commissioner under section 4(3) of the Displaced Persons (Compensation and Rehabilitation) Act, 1958.
2. The petitioners are occupants of a part of the property bearing No. E/459-A, Shahalam Gate, Lahore, as an evacuee trust property being owned by R. B. Lachman Dass Free Hospital. The portion in dispute was transferred to respondents 3-7 as an evacuee property. The petitioners are tenants of this property and assert that the property was evacuee trust property and was not therefore transferable to the respondents.
3. The High Court in its impugned order has held that the petitioners being tenants of the property have no locus standi to initiate the proceedings for the purpose of declaring the property as evacuee trust property. It was further observed that the petitioners in the first instance had themselves tried to get the property transferred against their verified claims by submitting applications for transfer, but were unsuccessful and had now turned round and started to assert that it was evacuee trust property. In view of their conduct they were estopped from doing so.
4. Both Mr. Gulzar Hassan for the petitioners and Ch. Fazal-i-Hussain for the Evacuee Trust Board attempted to argue that there was massive documentary evidence to show that the property was evacuee trust property and, therefore, the High Court has erred in refusing to interfere.
5. We do not agree. The High Court was right in holding that the petitioners had no locus standi to prefer the appeal which was liable to be dismissed on that short ground. But so far as the merits are concerned we would not like to express any opinion on the point.
6. 'Since no ground for interference with the order of the High Court dismissing the appeal on the ground of locus standi is made out, this petition must fail and is hereby dismissed.