Appellants vs Evacuee Property Trust Board — 1972 SCMR 168

Citation: 1972 SCMR 168

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-12-31

Headnotes

Case cited as 1972 SCMR 168

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s):Salahuddin Ahmad, Waheeduddin Ahmad, Hamoodur Rahman, Sajjad JUDGMENT Reported As: 1972 SCMR 168 Result: Appeal dismissed Judgment JUDGMENT HAMOODUR RAHMAN, C. J.-This appeal, by special leave, arises out of an order of a Division Bench of the former High Court of West Pakistan, Lahore Seat, dismissing a Writ Petition in lirnine. This writ petition was filed by the present appellants to call in question the validity of an order made on the 22nd of September 1964, by the Secretary, Evacuee Property Trust Board (respondent No. 1), whereby a lease granted to the appellants of 166 acres, 6 kanals and 5 marlas of evacuee lands situated in Patti Bal Leela, Nankana Sahib, District Sheikhupura, was purported to be cancelled. It appears that the Evacuee Trust Board; Government of Pakistan, had decided to lease out 5,185 acres of evacuee trust land in Sheikhupura District, which -was of inferior quality for a period of ten years on tube-well system subject to the following conditions :- (1) The lease should be by public auction. (2) The lessee can instal a well or a tube-well but he will not be entitled to claim for this period compensation after the expiry of the period. (3) The lease will be for ten years and will remain value if lease money for every year is paid in advance. This decision was conveyed to the Commissioner and Chairman, Divisional Evacuee Trust Committee, Lahore, by the Board's Memorandum No. XIV/9/(63)/896, dated…

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