Law:

Section:

Pakistan (Administration of Evacuee Property) Act (XII of 1957)-------S. 22---Constitution of Pakistan, Art. 185(3)---Order of Deputy Custodian declaring disputed land purchased by petitioner from a non-Muslim not to be evacuee property---Revenue record proving government as owner of disputed land---Passing of ex pane decree in favour of petitioner for correcting entries in Revenue Record---Constitutional petition seeking implementation of such order of Deputy Custodian accepted by Single Bench of High Court---Order of Division Bench of High Court directing parties to approach Civil Court for such matter involved serious factual. controversy regarding genuineness or otherwise of petitioner's sale deed---Validity---Such ex pane decree had been set aside, thus, very basis on which petitioner had filed constitutional petition, no longer existed---Respondent had seriously questioned genuineness of petitioner's sale deed, which dispute could not be decided without recording of evidence---Division Bench of High Court had rightly left such dispute to be decided in suit---Supreme Court refused to grant leave to appeal in circumstances. JUDGMENT NASIR-UL-MULK, J.---Muhammad Hanaf (deceased) represented by his legal heirs have filed these petitions for leave to appeal, impugning the judgment of the Lahore High Court in Intra Court Appeals Nos. 606 and 607 of 2006, allowing the appeals on 20-5-2009, filed by the respondents, Member Judicial, notified officer, Settlement Commissioner, Punjab and others, thereby setting aside the judgment of the Judge-in-Chamber of the High Court dated 25-5-2006, whereby Writ Petition (No. 2305 of 2005) of the petitioners was allowed and the District Officer (Revenue) Faisalabad and others were directed to implement the order of the Custodian dated 11-9-1959. 2. Nabi Bakhsh, father of the petitioner, had claimed to have purchased land measuring 123 Kanals and 4 Marlas, situated in Faisalabad on 18-7-1947 from one Saudagar Singh, who later migrated to India. It is claimed that on the application of Nabi Bakhsh under section 22 of the Administration of Evacuee Property Act, 1957, the Deputy Custodian vide order dated 18-11-1957, declared the…

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