Law:

Section:

Specific Relief Act (I of 1877)--- ----Ss.42 & 54---Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975), S.2---Qanun-e-Shahdat (10 of 1984), Art. 129 (g)---Suit for declaration and permanent injunction---Evacuee property--- Settlement authorities, jurisdiction of---Evidence, withholding of---Presumption---Settlement authorities on 20-9-1976 declared that property owned by plaintiff was in fact part of property purchased by defendant in auction---Trial Court and Lower Appellate Court concurrently dismissed the suit and appeal filed by plaintiff---Validity---On promulgation of Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975, entire rural and urban evacuee properties vested in Provincial Government by operation of law---Except to the extent of pending matters specified in Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975, no property was available to Settlement or Rehabilitation authorities for disposal in any manner---Neither disputed property was pending for disposal nor was the matter regarding such property remanded by superior Court to Settlement authorities, as there was no such entity as Deputy Settlement Commissioner under any of the statutory laws in force after repeal of Settlement Laws---Defendant did not produce in his evidence record keeper of Settlement authorities to prove genuineness of disputed documents---Defendant withheld the best evidence, if any, for reasons best known to him, therefore, High Court derived inference against defendant---Settlement authorities were not competent to pass order dated 20-9-1976 and issue Transfer Order in favour of defendant---High Court, in exercise of revisional jurisdiction, set aside findings of two Courts below, as after repeal of Settlement Laws ultimate jurisdiction only vested with Civil Court and plaintiff had rightly challenged Transfer Order before Civil Court having been passed by Deputy Settlement Commissioner without jurisdiction---Suit filed by plaintiff was not only competent but Civil Court had also jurisdiction---High Court set aside s and decrees passed by both the Courts below and suit was decreed in favour of plaintiff---Revision was allowed…

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