Pakistan Case Law
1970 SCMR 503

DIVISIONAL EVACUEE TRUST COMMITTEE, KARACHI vs ABDULLAH AND 2 Other

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Citation1970 SCMR 503
CourtSupreme Court of Pakistan
Case No.Civil Petition for Special Leave to Appeal No. K-29 of 1969 L. P. A. No. 9 of
Date1970-01-08
Judge(s)Muhammad Yaqub Ali and Wahiduddin Ahmad
Authored byMuhammad Yaqub Ali
ResultLeave refused
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This petition for leave to appeal arose from a dispute regarding the status of House No. O. T. 3/138, Mithadar, Karachi, which was transferred to the respondents by the Settlement authorities. The petitioner, the Divisional Evacuee Trust Committee, claimed that the property was attached to a charitable trust and that the evacuee owner, the Nasarpuri Community Panchayat, was a charitable or religious institution. The core legal question was whether the property constituted trust property under the relevant evacuee laws. The Supreme Court of Pakistan held that the petitioner failed to lead any cogent evidence to establish that the Panchayat was a religious or charitable institution, or that the property was trust property. The Court noted that no constitutional documents of the Panchayat were produced, and a sale deed of another property acquired for maintaining Hindu widows did not suffice to prove the trust status of the disputed property. Consequently, the Court dismissed the petition, affirming the decisions of the Settlement authorities and the High Court.

Questions settled in this judgment
  • Does the acquisition of a separate property for a charitable purpose by a Panchayat automatically prove that the Panchayat itself is a religious or charitable institution?
  • Can a property be classified as evacuee trust property under Section 4(3) of the Displaced Persons (Compensation and Rehabilitation) Act 1958 in the absence of cogent evidence or constitutional documents of the owning institution?
Laws & provisions referred
  • Section 4(3), Displaced Persons (Compensation and Rehabilitation) Act 1958
Evacuee Trust PropertyCharitable TrustSettlement TransferPanchayatReligious InstitutionLeave to Appeal

ORDER

1. MUHAMMAD YAQUB ALI, J.-The Divisional Evacuee Trust Committee, petitioner herein, failed to lead any cogent evidence in support of its claim that House No. O. T. 3/138, Mithadar, Karachi, was attached to a charitable Trust or that the Nasarpuri Community Panchayat, the evacuee owner of the house was a charitable or religious institution within section 4(3) of the Displaced Persons (Compensation and Rehabilitation) Act, 1958. The transfer of the house in favour of the respondents by the Settlement authorities was, therefore, not open to exception at the instance of the petitioner.

2. No document relating to the constitution of Nasarpuri Community Panchayat was forthcoming.

3. Reliance was, however, placed by the petitioner on the copy of a sale deed of another property in favour of the Panchayat acquired for the maintenance of Hindu widows. This did not by itself prove that the Nasarpuri Panchayat was a religious or charitable institution or that any property acquired by the Panchayat was trust property.

4. The view taken by the Settlement authorities and the High Court is, in the circumstances, plainly correct. The petition for leave to appeal is dismissed. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

Cited by 14 cases

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