Law:

Section:

Pakistan Administration of Evacuee Property Rules, 1950--- ----R. 12---Constitution of Pakistan, Art. 199---Constitutional jurisdiction of High Court---Scope---Laches, principle of---Applicability---Sanction of mutation of sale on the basis of order of Custodian of Evacuee Property---Limitation---Scope---Requirements for granting relief in the constitutional petition was that the orders annexed with the said petition be presumed as correct and validly issued by the competent forum---Evidence was required for deciding title of petitioners with regard to property in question which could not be done in constitutional jurisdiction as complicated questions of facts were involved---Neither the original nor copy of alleged sale deed was on record---Respondents had purchased suit property in the auction proceedings conducted by the Banking Court and after purchase a sale certificate had been issued and mutation had been sanctioned in their favour---Application for confirmation of transaction was to be made within 60 days to the Custodian of Evacuee Property---Petitioners filed application before the Deputy Custodian for confirmation of transaction long after the alleged accrual of cause of action---Custodian was bound to issue notice to the Rehabilitation Authorities of the area and affected persons but no such notice had been issued---Property in question had been exchanged with the other land---Respondents had denied from any record and issuance of any certified copy from the office of Custodian---Petitioners could not be permitted to prove such record by adducing witness as well as other evidence---Local commission could not be appointed for confirmation of possession of petitioners---Applications moved by the petitioners before the Deputy Custodian for declaring the suit property as non-evacuee or muslim property were in contradiction with the endorsement of his order---Order passed by the Custodian could not be termed as an order in the eye of law---Complete and full-fledged trial was required for resolving dispute between the parties which practice could not be adopted in constitutional jurisdiction---Constitutional petition had been filed after about 38 years…

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