Law: Displaced Persons (Land Settlement) Act, 1958

Section: 4 & 25

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

Section: 41

(a) Displaced Persons (Land Settlement) Act (XLVII of 1958)-----Ss. 4 & 25 read with Pakistan (Administration of Evacuee Property) Act (XII of 1957), S. 41-Interpretation of statutes-Evacuee property ; cessation-Land acquired by Central Government under S. 4-Ceases to be evacuee property-Section 25 as compared to cog�nate provisions in earlier statutes manifests Legislature's anxiety not to oust jurisdiction of civil and Revenue Courts to extent greater than necessary for completing settlement operations--Section to be cons�trued strictly and not to be widened in scope by analogy-Contention that land not permanently settled on an allottee is on par with evacuee property, held, not correct.-[Interpretation of statutes-Juris�diction].-[Syed Abdur Rashid v. Pakistan, through the Secretary, Ministry of Refugees and Rehabilitation, Karachi and others P L D 1962 S C 42 dissented from].Syed Abdur Aashid v. Pakistan through the Secretary, Ministry of Refugees and Rehabilitation, Karachi and others P L D 1962 S C 42 dissented from.Rahim Bakhsh v. Ahmad Bakhsh P L D 1964 S C 189 and Devachand Muljimul v. Deputy Settlement and Rehabilitation Commissioner P L D 1965 S C 356 ref.(b) Displaced Persons (Laud Settlement) Act (XLVII of 1958)----S. 25-Jurisdiction, bar as to-Burden of proof-Bar as to jurisdiction of civil and Revenue Courts contemplated under S. 25-Confined to matters "which the Central Government or an nicer appointed under this Act is empowered by, or under this Act to determine" or "in respect of any action taken or to be taken under this Act �Civil and Revenue Courts not divested of their jurisdiction to decide a claim merely for its being related to property not permanently settled on allottee under Act-Person challenging jurisdiction of civil and Revenue Courts-Burden of proof on such person to show either attempt to challenge order of Settlement authorities or matter being within power of Settlement authorities to determine.�[Jurisdiction-Burden of proof](c) maxim-------Falsa demonstratio non nocet-Rule underlying maxim available only to correct inadvertent errors-Collector allowing appeal in his capacity as appellate authority under Land…