The CHAIRMAN, EVACUEE TRUST PROPERTY BOARD, LAHORE vs SALEEM KHAN S — 2021 CLC 468 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 CLC 468 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: CLC
Parties: The CHAIRMAN, EVACUEE TRUST PROPERTY BOARD, LAHORE vs SALEEM KHAN S
Subject matter: Civil
Provisions referred to: S. 14---

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

The CHAIRMAN, EVACUEE TRUST PROPERTY BOARD, LAHORE VS SALEEM KHAN S.14---auction of evacuee property---auction amount, deposit of---Cancellation of auction---Jurisdiction of Civil Court---Scope---Trust Property Board (Board) made offer for auction of suit property to the plaintiffs who accepted the same and deposited one fourth of auction amount but Board cancelled the auction proceedings---Contention of plaintiffs was that auction could not be cancelled after deposit of auction amount---Suit was dismissed by the Trial Court on ground of bar on jurisdiction of Civil Court but appellate Court decreed the same---Validity---Plaintiffs had alleged mala fide on the part of the Board for cancelling the auction---No cogent evidence had been produced to establish that cancellation of auction by the Board was tainted with mala fide---Plaintiffs, after accepting offer for auction had become the highest bidders---Mere acceptance of offer and deposit of one fourth of auction amount would not vest any right in favour of plaintiffs unless and until auction had been approved by the Competent authority---Jurisdiction of Civil Court was barred in the matters wherein Federal Government or any officer appointed under Evacuee Trust Properties (Management and Disposal) act (XII of 1975) was empowered to determine the same---Findings rendered by the appellate Court were based on mere presumption which could not sustain in the eyes of law---Trial Court had rightly concluded that Civil Court had no jurisdiction in the matter---Impugned judgment and decree passed by appellate Court were set aside and that of Trial Court were restored---Revision was allowed, in circumstances.

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