Law: Pakistan (Administration of Evacuee Property) Act, (XII of 1957)

Section: 41

Law: Civil Procedure Code (V of 1908)

Section: 12(2)

Law: Displaced Persons (Land Settlement) Act, 1958

Section: 22,24,25

(a) Pakistan Administration of Evacuee Property Act (XII of 1957)--- ---S. 41---Displaced Persons (Land Settlement) Act (XLVII of 1958), Ss. 22 & 24---Allotment of evacuee land during restraining order---Cancellation of---Fraud---Suit for declaration---Ex-parte decree, implementation of---Bar on jurisdiction of Civil Court---Scope---Suit was filed without impleading Settlement Department which was ex parte decreed---Petitioners moved application for implementation of ex parte decree but Board of Revenue declared the alleged allotment order as bogus and land was ordered to be resumed in favour of the State---Validity---Petitioners maneuvered and succeeded in obtaining the alleged allotment order during restraining order---Alleged allotment order was bogus and false and based on fraud and misrepresentation---Fraud did vitiate the most solemn proceedings---Settlement Commissioner was not holding any unbridled authority to pass allotment order in violation of injunctive order of competent authority---Alleged allotment order was void ab-initio in circumstances---Civil Court had no jurisdiction to intrude in the realm of Settlement Department which had exclusive jurisdiction to adjudicate the matter and decide the same---Remedy before Civil Court was barred and if any decree was passed same would be without jurisdiction and nullity in the eye of law or void ab initio---No illegality or jurisdictional defect had been pointed out in the impugned order passed by the Board of Revenue---Constitutional petition was dismissed, in circumstances. Qutubuddin and others v. Sardar Hidayat Ullah Khan Mokal and another 1976 SCMR 524; Nawab Syed Raunaq Ali and others v. Chief Settlement Commissioner and others PLD 1973 SC 236; The Chief Settlement Commissioner, Lahore v. Raja Muhammad Fazil Khan and others PLD 1975 SC 331; Khuda Bakhsh v. Khushi Muhammad and 3 others PLD 1976 SC 208; Muhammad Sadiq (decd.) through L.Rs and others v. Mushtaq and others 2011 SCMR 239; Nasir Fahimuddin and others v. Charles Philips Mills and others 2017 SCMR 468; Ghulam Rasul and 5 others v. Jannat Bibi and 11 others 1990 SCMR 744 and Mst. Bilqees Barkat and others v. Member Board of Revenue…

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