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MEHMOOD ALI vs CHAIRMAN EVACUEE TRUST PROPERTY BOARD S — 2024 CLC 1126 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2024 CLC 1126 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2024
Reporter
CLC
Parties
MEHMOOD ALI vs CHAIRMAN EVACUEE TRUST PROPERTY BOARD S
Subject matter
Family
Provisions referred to
S. 30---S

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

MEHMOOD ALI VS CHAIRMAN EVACUEE TRUST PROPERTY BOARD S.30---Scheme for the Management and Disposal of Urban Evacuee Trust Properties, 1977, Cls. 3(iii)(B)(b)---Schemes for management, maintenance and disposal of evacuee trust properties---Change of tenancy---Doctrine of Textualism---Applicability---Petitioner and his deceased brother / husband of respondent, were jointly tenants in shop in question---After the death of deceased (tenant), petitioner and respondent moved applications for change of tenancy which were dismissed by concerned official but Appellate Authority directed the concerned official to process the case for change of tenancy, who changed the tenancy in favour of respondent---Petitioner sought interpretation of Cl. 3(iii)(B)(b) of Scheme for the Management and Disposal of Urban Evacuee Trust Properties, 1977, on the doctrine of Textualism---Validity---High Court declined to interpret Cl. 3(iii)(B)(b) of Scheme for the Management and Disposal of Urban Evacuee Trust Properties, 1977, in absence of schedule of tenancy mentioned under the clause in question---Schedule of tenancy was neither provided by either of the parties before High Court nor before the authorities at the time of passing of orders assailed---Parties did not approach concerned authorities for more than seventeen years for determination of their rights of legal heirship---High Court set aside order in question and remanded the matter to authorities to decide the issue afresh keeping in view Cl. 3(iii)(B) of Scheme for the Management and Disposal of Urban Evacuee Trust Properties, 1977---Constitutional petition was allowed accordingly.

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