Law: Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975

Section: 2(2)

Law: Civil Procedure Code (V of 1908)

Section: S.115,O.VII,R.11

Law: Displaced Persons (Compensation and Rehabilitation) Act, 1958

Section: 2(8)

(a) Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975)--- ----S. 2(2)---Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958) [since repealed], S. 2(8)---Evacuee land---Civil court, jurisdiction of---Scope---Issue of determination of price of evacuee land and question of enforcement of conditional allotment of evacuee land were beyond the jurisdiction of the civil court---Civil Court had no jurisdiction to proceed to decide claim of partition or compensation (in the alternative) involving evacuee land---Perusal of settlement laws as applicable before promulgation of Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975 ('the Act of 1975'), and the Act of 1975 itself showed that authority to decide the price of the evacuee land was vested in the Custodian/Chief Land Commissioner or its successor, i.e. Notified Officer. Member BOR Punjab and another v. Mst. Siddiqan through L.Rs and others 2015 SCMR 1721; Muhammad Din and 8 others v. Province of the Punjab through Collector and others PLD 2003 Lah. 441; Nasir Fahimuddin and others v. Charles Philips Mills and others 2017 SCMR 468; Government of Punjab, Colonies Department, Lahore and others v. Muhammad Yaqoob PLD 2002 SC 5; Aligarh Muslim University Old Boys Cooperative Housing Society Ltd v. Muhammad Hisamuddin Ansari and 4 others 1993 SCMR 1062; Nawabzada Zafar Ali Khan and others v. Chief Settlement Commissioner/Member, Board of Revenue, Punjab, Lahore and others 1999 SCMR 1719 and Nawab Din v. Member Board of Revenue (Settlement and Rehabilitation) Punjab, Lahore and 4 others PLD 1979 SC 846 ref. (b) Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975)--- ----S. 2(2)---Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958) [since repealed], S. 2(8)---Civil Procedure Code (V of 1908), S. 115 & O.VII, R. 11---Rejection of plaint---Evacuee land---Civil Court---Lack of jurisdiction---In the present case, civil courts below committed material irregularities in exercise of jurisdiction with respect to evacuee property---High Court in the exercise of supervisory jurisdiction in terms of S. 115 of the Code of Civil Procedure 1908…

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