EVACUEE TRUST PROPERTY BOARD, GOVERNMENT OF PAKISTAN vs WAHABUDDIN Ss

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EVACUEE TRUST PROPERTY BOARD, GOVERNMENT OF PAKISTAN VS WAHABUDDIN Ss. 6, 7, 8 & 10(1)(b)---Disputed property not owned by a charitable trust---PTD was issued in favour of private respondents as they were bona fide claimants and their claims could not be cancelled as the same were issued after completion of all codal formalities---Chairman, Evacuee Trust Properties Board, declared the properties of private respondents as evacuee trust property and cancelled their PTDs issued in favour of private respondents---Such orders were assailed before the Secretary, Ministry of Minorities who set-aside the said orders---Evacuee Trust Properties Board (the Board) claimed that property in dispute was reserved for Punchayat (for amenity purpose of Hindu community), hence was a trust property and was not transferable---Legality---In order to declare an evacuee property as an evacuee trust property, it must be shown that the property was attached to a charitable, religious or educational trust or institution---Punchayat might not fall in any of the said category---Revisional Authority held that the disputed property was not owned by a charitable trust and the findings of the Revisional Authority were based on cogent evidence, which had not been rebutted by the petitioners---In the present petitions, neither the word "charitable" was mentioned anywhere in the Property Register Card nor was there any specific instrument which showed that the property was ever attached with charitable, religious or educational trust or institution, as envisaged under S. 8 of the Evacuee Trust Properties (Management and Disposal) Act, 1975---Accordingly, it could not be said simply because the owner of the property in dispute was Punchayat of Jhagran or Jhagam, therefore, the property was for charitable purpose---No mala fide was involved in the issuance of the PTDs, therefore, the protection provided under S. 10(1)(b) of the Act was attracted in the case in hand---Petitions were accordingly dismissed.

EVACUEE TRUST PROPERTY BOARD, GOVERNMENT OF PAKISTAN vs WAHABUDDIN Ss — 2024 YLR 657 KARACHI-HIGH-COURT-SINDH

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