NHT REPORT
ISLAMABAD, August 29: The private appellants through the instant Appeal in Supreme Court, challenged the judgment of the Lahore High Court, Rawalpindi Bench, Rawalpindi dated 18.0 1.2022 whereby the revision petition filed by the Respondents was allowed, the judgments and decrees of the Civil Judge, and the Additional District Judge, Rawalpindi were set aside, and the suit of the appellants was decreed. Supreme Court bench comprised Mr Justice IjazulHasan and Mr Justice YahyaAfridi, who heard the case of a property originally belonging to Evacuee Trust Property Board (ETPB) worth billions of rupees situated in Raja Bazar Rawalpindi. The case of Evacuee Trust Property Board (ETPB) was represented in Supreme Court by Hafiz Ahsaan Ahmad Khokhar.
Necessary facts giving rise to this case that a commercial property No.B-2(b) situated in Liaquat Market, Iqbal Road, Rawalpindi was owned by the Evacuee Trust Property Board. The suit land was originally rented out to Raja Ali Zaman& Raja Muhammad Banaras by the Deputy Commissioner/ Chairman defunct Evacuee Trust Committee via order dated 16.05.1964. During their tenancy, the Appellants approached the Federal Minister for Social Welfare & Rural Development and sought outright sale of the suit property in their favour. The Federal Minister assented to the Appellants’ request and allowed the sale of the suit land the Appellants’ request and allowed the sale of the suit land to the Appellants vide memorandum dated 22.03.1977. When the Federal Government was made aware of the memorandum dated 22.03.1977, it issued a memorandum dated 13.05.1977 and restrained ETPB from finalizing the deal. The matter ostensibly came to an end but thereafter, on 06.06.1992, the Deputy Administrator ETPB, Rawalpindi executed Sale Deed dated 06-01.1992 in favour of the Appellants.
Being aggrieved by the sale deed, ETPB filed a suit for declaration, cancellation of the sale deed as well as permanent and mandatory injunction against the Appellants. This suit was dismissed by the Trial Court vide judgment dated 17.03.2002. ETPB appealed the judgment of the Trial Court. The Appellate Court, vide judgment dated 17.01.2008, dismissed the appeal but allowed the cross objection of the Appellants AND the matter was assailed before the High Court, it vide the impugned judgment, set aside the concurrent findings of the lower fora and decreed the suit of ETPB as prayed for.
The Supreme Court accepted the stance and contentions of Hafiz Ahsaan Ahmad Khokhar who represented Evacuee Trust Property Board (ETPB) and finally concluded that the High Court had therefore rightly concluded that being bereft of its executive nature; the Sale Deed had been obtained without the approval of the Federal Government and was therefore illegal and void ab-initio, and the judgment of the High Court is well-reasoned and has arrived at the correct conclusion after taking into consideration all the material available on the record.
