ABDUL AZIZ CHOHAN vs DIVISIONAL EVACUEE TRUST COMMITTEE, KARACHI — 1971 PLD 662

Citation: 1971 PLD 662

Court: Sindh High Court

Year: 1970

Decision Date: 1970-12-31

Parties: ABDUL AZIZ CHOHAN vs DIVISIONAL EVACUEE TRUST COMMITTEE, KARACHI JUDGMENT

Headnotes

Case cited as PLD 1971 Karachi 662

Judgment Text

Court Name: Sindh High Court Judge(s): Ghulam Safdar Shah Title:ABDUL AZIZ CHOHAN vs DIVISIONAL EVACUEE TRUST COMMITTEE, KARACHI JUDGMENT Reported As: PLD 1971 Karachi 662 Result: Appeal dismissed Judgment JUDGMENT This appeal under section 4(2) of the Displaced Persons (Compensation and Rehabilitation) Act XXVIII of 1958 (hereinafter called the Act) is directed against the order of the learned District Judge/Settlement Commissioner, Karachi dated 28-2-1966 by which he allowed the claim of respondent No, 1 that the disputed property was evacuee trust property and could not be disposed of by the Settlement Authorities. 2. Briefly stated the admitted facts of the case are that the property in dispute bearing Survey No, R. S. 4/4 (old Survey No, E-6/279) situated on Barness Street, Opposite Hoti Market, Karachi was claimed by the Divisional Evacuee Trust Committee to be attached to an institution by name Dakshini Brahma Sabha, Karachi. It thus happened that the appellant sought the transfer of this property and for that purpose filed his C. H. Form before the Settlement authorities on 10-11-1959. The Deputy Settlement Commissioner, who dealt with this application on the original side, rejected it on the ground that the property was a trust property. The appellant went in appeal against this order before the Additional Settlement Commissioner and this officer allowed the appeal; having come to the conclusion that the property was not trust property. Thereafter the appellant…

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