Law: Specific Relief Act, 1877

Section: 42

Law: Limitation Act, 1908

Section: 3,14,20

(a) Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975)--- ----Ss. 2(2) , 3---Evacuee property---Proceedings pending after the cutoff date specified under the Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975---After the promulgation of the Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975 (‘the Act’), the officers notified under the Act, do not possess the jurisdiction to declare any Provisional Transfer Order (‘PTO’) or Permanent Transfer Deed (‘PTD’) regarding which no proceedings were pending on the cutoff date (specified under the Act), as null and void on the grounds of alleged fraud or forgery; they can only deal with and decide the pending proceedings and cannot initiate any new proceeding---Anyone who wants to challenge any PTO or PTD issued under the repealed laws, and has locus standi to do so, is to knock at the doors of Civil Court, a court of plenary jurisdiction, for the redress of his grievance. Muhammad Ayub v. Ghulam Muhammad 2005 SCMR 1650 and Wazir Hussain v. Abdul Rehman 2002 YLR 1600 ref. (b) Specific Relief Act (I of 1877)--- ----S. 42---Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975), S. 3---Suit for declaration---Evacuee property---Unconscionable conduct of the plaintiff---Conduct of the appellant/plaintiff, throughout the entire proceedings culminating in the institution of the suit, was not above board---Firstly, the appellant, while representing his mother as her attorney, stated himself to be a resident of the house bearing property No. 65/1-C, not No.65-ABC---As per his own statement made in the deed of General Power of Attorney, he stated to have been residing with his mother in the house bearing property No. 65/1-C, thus, leaving doubt as to how he could simultaneously be in possession of another house bearing property No.65-ABC as claimed by him in his application made to the Deputy Settlement Commissioner, seeking transfer of that house in his favour---Secondly, the appellant was unable to clearly and specifically state the period of his alleged possession, in his application of the house bearing property No.65-ABC he was claiming transfer in his favour, within…

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