Law:

Section:

(a) Constitution of Pakistan (1962)--- Art. 98-Jurisdiction-Jurisdiction of tribunal below depending upon existence of some particular fact-Tribunal cannot by a wrong decision with regard to it give itself jurisdiction which it would not otherwise possess-Settlement Authorities without applying their minds to question whether a property was evacuee or not dealing with property as if it was evacuee property-Settlement Authorities, held had assumed jurisdiction without dealing with point involved in the matter-Open to High Court, in circumstances, to consider nature of property in dispute-Displaced Persons (Land Settlement) Act (XLVII of 1958), S. 15-Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), Sched., Part 1. Mr. Muhammad Jamil Asghar v. Improvement Trust, Rawalpindi P L D 1965 S C 698 and Halsbury's Laws of England. Third Edn., Vol. II, p. 270 (b) Shamlat Deh- -- Right of co-sharer in shamlat deh-Joint owner appropriating exclusive possession of portion of shamlat-Entitled to maintain his possession undisturbed until partition-Shamlat deh owned by pro­prietors of village both Muslims and non-Muslims-Property could not be declared evacuee until joint khata partitioned. Wazir Singh v. Mahtab Singh 108 P R 1889 and K. B. Muhammad Abdul Baham Khtm v. Hussaina and others P L D 1949 Lah. 352 ref. JUDGMENT WAHEEDUDDIN AHMAD, J.-This appeal by special leave is directed against the judgment of the former High Court of West Pakistan, Lahore, in Writ Petition No. 1242/R of 1961, dated the 2nd June 1965. By this judgment, the writ petition was dismissed. The dispute between the parties is in respect of a house known as Muweshi Khana (cattle shed), situated in the Abadi Deh of village Darweshke, Tehsil Wazirabad, District Gujranwala. It is in possession of the appellant who is a local resident of the said village. Respondent No. 2 Farman Ali who is a displaced person from the territories now forming part of India, applied for the allotment of the said property to the Assistant Rehabilitation Commissioner (Lands). His application was consigned to the record room. Thereupon, he filed an appeal before the Deputy Rehabilita­tion Commissioner (Lands)…

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