Citation Name: 2023 CLC 2090 LAHORE-HIGH-COURT-LAHOREBookmark this Case EVACUEE TRUST PROPERTY BOARD vs MUHAMMAD TUFAIL Ss — 2023 CLC 2090 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 CLC 2090 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: CLC
Parties: Citation Name: 2023 CLC 2090 LAHORE-HIGH-COURT-LAHOREBookmark this Case EVACUEE TRUST PROPERTY BOARD vs MUHAMMAD TUFAIL Ss
Subject matter: Civil
Provisions referred to: S. 14; S. 10

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

Citation Name: 2023 CLC 2090 LAHORE-HIGH-COURT-LAHOREBookmark this Case EVACUEE TRUST PROPERTY BOARD VS MUHAMMAD TUFAIL Ss.10, 14, 16 & 17---Specific Relief act (I of 1877), Ss.42 & 54---Suit for declaration and injunction---Evacuee Trust Property---Status, determination of---Jurisdiction of Civil Court---Plea of bona fide purchaser---Scope---Petitioner / defendant was Evacuee Trust Property Board and was aggrieved of judgment and decree passed by Lower appellate Court in favour of respondents / plaintiffs setting aside order passed by Chairman Evacuee Trust Property Board determining suit property as Evacuee Trust Property---Validity---Determination carried out by the Chairman Evacuee Trust Property Board was not challengeable before Civil Court, in terms of S. 14 of Evacuee Trust Properties (Management and Disposal) act, 1975---Powers were exercised by the Chairman under S. 10 of Evacuee Trust Properties (Management and Disposal) act, 1975---Remedy of respondents against order in question was available either under sections 16 or 17 of Evacuee Trust Properties (Management and Disposal) act, 1975---Plea of bona fide purchase by respondents / plaintiffs, from alleged allottees, extended no protection when allotment of alleged allottees, to whom Permanent Transfer Deeds were issued after June 1968 and their matter had been decided in terms of orders passed by Chairman, which orders were intact and had otherwise attained finality---High Court set aside judgments and decrees passed by Lower appellate Court and restored that of Trial Court---Trial Court had rightly held that Civil Court lacked jurisdiction to entertain and adjudicate suits filed by respondents / plaintiffs---Revision was dismissed, in circumstances.

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