KARACHI vs ABDULLAH AND 2 Other Case No — 1970 SCMR 503

Citation: 1970 SCMR 503

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-01-08

Parties: DIVISIONAL EVACUEE TRUST COMMITTEE, KARACHI vs ABDULLAH AND 2 Other

Headnotes

Result: Leave refused Judgment ORDER 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. 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.

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Muhammad Yaqub Ali Khan Title: DIVISIONAL EVACUEE TRUST COMMITTEE, KARACHI vs ABDULLAH AND 2 Other Case No.:Civil Petition for Special Leave to Appeal No. K-29 of 1969 L. P. A. No. 9 of 1968 Date of Judgment:1970-01-08 Reported As: 1970 SCMR 503 Result: Leave refused Judgment ORDER 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. No document relating to the constitution of Nasarpuri Community Panchayat was forthcoming. 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. The view taken by the Settlement authorities and the High Court is, in the circumstances, plainly correct. The petition for leave to…

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