Law: Specific Relief Act, 1877

Section: 42

Specific Relief Act (I of 1877)--- ----S. 42---Evacuee property---Suit for declaration--- Maintainability--- Civil Court had no jurisdiction to determine or grant any declaration with regard to evacuee property---Plaintiff was an illegal occupant on the suit land owned by the Provincial Government---Conduct of plaintiff was not above board, in circumstances---Impugned s passed by the Courts below did not suffer from any legal defect, illegality or error of law---Right of plaintiff to claim declaration qua alleged claim of ownership had been adjudicated upon and determined by the Courts of competent jurisdiction conclusively which had otherwise attained finality---Constitutional petition was dismissed, in circumstances. THIS ORDER PASSED BY: ASIM HAFEEZ, J.--- This petition assails orders dated 02.05.2017 and 16.08.2017, by learned Additional Commissioner (Revenue) and Member, Board of Revenue, respectively whereby the application of the petitioner for implementation of sale deed dated 01.04.1946 was dismissed.2. The petitioner claimed to have purchased land measuring 2-Kanal 10-Marlas from one Sohan Lal by way of unregistered sale deed dated 01.04.1946, regarding land measuring 2-Kanal 10-Marla (out of total land of 10-Kanal 10- Marla) against consideration of Rs.90, which alleged transaction was not implemented in the revenue record. The seller, i.e. Sohan Lal died on 15.12.1946 and inheritance mutation of the total land was sanctioned in favour of legal heirs of the deceased, who migrated to India at the time of partition. After partition, land assumed status of evacuee land and it stood transferred to Central Government and after repeal of evacuee laws, it came in the ownership of the Provincial Government by operation of law. The petitioner filed suit for declaration and permanent injunction on 25.06.2013 Suit No.430/13 - which was dismissed on 25.05.2014 as no declaration in favour of the petitioner could be made in lieu of evacuee land, which fell to the ownership of the provincial government. It is pertinent to point that alleged possession of the petitioner was shown as illegal occupant. The petitioner, thereafter, filed application with Assistant…

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