Law:

Section:

Azad Jammu and Kashmir Administration of Evacuee Property Act (XII of 1957)--- ----S.18-A---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)---S.44---Writ petition---Allotment of land---Findings of facts recorded by Tribunal of exclusive jurisdiction---Custodian of Evacuee Property had recorded findings of facts that allotment of property in dispute was made in favour of respondents---Custodian had dismissed the application of petitioner for cancellation of allotment---Validity---Findings of facts recorded by the Custodian being a Tribunal of exclusive jurisdiction which were ordinarily sacrosanct and no exceptional circumstances were involved in the case, High Court, in writ jurisdiction, could not embark upon an inquiry of facts like omission to sue and commission of fraud--Writ petition was dismissed. 1999 YLR 1253 rel. 1994 MLD 2195; 1984 CLC 2080; PLD 1981 AJK 21; 2001 CLC 1149; 2011 CLC 1594 and 2008 CLC 1570 ref. ORDER SARDAR ABDUL HAMEED KHAN, J.---This writ petition has been filed under section 44 of the Azad Jammu and Kashmir Interim Constitution Act, 1974. The precise facts giving rise to the instant writ petition are that the land comprising Khasra No. 491-old, 492-old measuring 42 Kanals, 15 Marlas situated in Village Dhannan Tehsil and District Kotli was allotted to the father of the petitioners and Pro forma-respondents No. 12 and 13 as refugees in the year 14-10-1951. It is stated that the petitioners Nos. 1 to 4 are living in Pakistan for livelihood, and petitioners Nos. 5 to 10 and Pro forma-respondents Nos.12 and 13 are living far from the land in dispute after their marriages and all the legal heirs are uneducated. It is also stated that after the allotment of suit land, the father of petitioners gave the same to Pro forma-respondent No.10 on "Ghalla Battai" and in 1963 the same land was given to the father of Pro forma-respondent No. 11 and after the death of the father, the Pro forma-respondent No. 11 is cultivating the disputed land on "Ghana Battai". It is alleged that the respondent No. 5 on 18-10-2001 has moved an application against Pro forma-respondent No. 11 for cutting the trees before the Revenue Assistant. The Pro…

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