Law:

Section:

(a) Pakistan Administration of Evacuee Property Act (XII of 1957)--- ----Ss. 20 & 22 (2)---Balochistan (Administration of Evacuee Property) Regulation, 1950, S. 17---Evacuee property---Allotment of---Sale---Confirmation of---Scope---Petitioners purchased suit property already allotted as evacuee land and thereafter sought confirmation of sale effected in their favour---Application for confirmation of sale was dismissed by the Member Board of Revenue---Validity---Allottees were not made party nor the allotment order made in their favour was challenged---Order of Rehabilitation Authority and mutation were in field when question of confirmation of sale was taken up---Such application was to be made within the prescribed period and by party to the transaction or by any person claiming under such party---Custodian of Evacuee Property was required to hold a summary inquiry in the prescribed manner and reject the application if prescribed conditions were not satisfied---Nothing was available on record with regard to any inquiry by the Custodian of Evacuee Property---Transaction in favour of petitioners had been made contrary to law---Father of applicants had died long after the ownership of property had vested in the Government---Application should have been filed within thirty days from the prescribed date---Predecessor of petitioners did not apply for confirmation of sale before competent forum during his life time---Application for confirmation of sale being time barred, Petitioners had no locus standi to file the application---Member Board of Revenue had passed the impugned order after proper appreciation of record---Legal heirs of allottees could seek proper remedy with all just and legal exceptions---Disputed questions of fact raised by the petitioners could not be resolved under constitutional jurisdiction---Constitutional petition was dismissed in circumstances. Abdul Haq and another v. Mst. Surrya Begum and others 2002 SCMR 1330 rel. (b) Constitution of Pakistan--- ---Art. 199---Constitutional jurisdiction of High Court---Scope---Disputed questions of facts could not be entertained under constitutional jurisdiction of High Court. THIS JUDGMENT DELIVERED…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492