Law:

Section:

(a) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)--------- ----------Sched., paras. 9 & 10---------Qanun-e-Shahadat (10 of 1984), Art. 87---------Suit for declaration---------Evacuee property---------Auction---------Transfer order---------Public document---------Scope---------Contention of plaintiff was that he was owner of suit property on the basis of "transfer order" whereas defendants contended that suit property was not evacuee and Settlement and Rehabilitation department had no authority to transfer the same to the plaintiff---------Suit was decreed by the Trial Court but same was dismissed by the Appellate Court---------Validity---------Suit property was an evacuee property which was transferred to the plaintiff---------Final "transfer order" had been issued against the price---------"Transfer order" was still in field and had not been cancelled or set aside by any competent court of law---------Plaintiff had deposited the entire auction money---------Appellate Court had wrongly found that auction was not finalized as it was not the domain of the said court---------Appellate Court could not reopen the matter---------Defendants had not filed any suit for cancellation of "transfer order" Order: Any competent court of law---------Settlement authorities had no jurisdiction to cancel the transfer order---------Certified copy of a public document was a proof of the contents of the same and a presumption of genuineness was attached to the said copies if not rebutted otherwise---------Plaintiff was owner in possession of suit property---------Impugned and decree passed by the Appellate Court were set aside and those of Trial Court were restored---------Revision was accepted in circumstances. Syed Ahmad Nusrat Ullah and others v. Member, Board of Revenue and others 2002 CLC 384; Pakistan Transport Company Ltd. v. Walayat Khan through Legal Heirs 2002 SCMR 1470; Province of Punjab and others v. Sub. Divisional Forest Officers and others 1991 SCMR 1426; Masooda Begum through Legal Heirs v. Government of Punjab PLD 2003 SC 90 and Muhammad Saddiq (deceased) through L.Rs. v. Mushtaq and others 2011 SCMR 239 ref. Khan Bahadur and 2 others…

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