Law:

Section:

(a) Jurisdiction- -- Whether order passed with or without jurisdiction-Jurisdiction and power exercised by officer to be seen and not his designation. Piao Gul v. The State P L D 1960 S C 307 ref. (b) Maxim- -- Falsa demonstrado non nocet (false description does not vitiate) (c) Pakistan Rehabilitation Act (III of 1956) -- Ss. 3 & 11 (4)-Notification No. F 2(6)/56-R/I dated 15-12-56- Notification all embracing. Iqbal Muhammad v. Muhammad Siddiq and others P L D 1960 Lah. 846 ref. (d) Jurisdiction- -- Before striking down order of an authority (as without jurisdiction) entire field of his jurisdiction should be examined and only there after final conclusion should be reached. Lahore Improvement Trust, Lahore v. The Custodian, Evacuee Property, West Pakistan, Lahore and 4 others P L D 1971 S C 811 ref. (e) Mutation- - Mutation pertaining to inheritance of deceased "right holder" attested in earlier wake of Rehabilitation work under Pakistan Rehabilitation Act-Proceedings initiated concerning matters-Exclu sive jurisdiction of Rehabilitation authorities. Muhammad Hassan v. Syed Mumtaz Hussain P L D 1965 Lab. 35 and Qutub-ud-Din v. Muhammad Stddique and others P L D 1969 Lah. 418 ref. JUDGMENT To avoid the lengthy details of the stages through which this matter had been passing it will be sufficient to state that in a mutation proceedings which were going on under the Pakistan Rehabilitation Act pertaining to the inheri tance of one Abdul Hafeez Khan-(claimant displaced person)-an order was passed by Additional Deputy Commissioner, Sargodga describing, himself as Deputy Settlement Commissioner on 1-2-1968 whereby he held that Mst. Sakina was not the daughter of the propositus, namely, Abdul Hafiz Khan. This order was passed by him in appellate proceedings under the Pakistan Rehabilitation Act read with West Pakistan Rehabilitation Scheme. The heirs of Mst. Sakina filed an appeal which was accepted by Capt. Jamshed Burki who was Deputy Commissioner of Sargodha District and who described him self as Additional Settlement Commissioner. The order of Capt. Jamshed Burki is dated 17-61969 (Annexure `F'). He held that Mst. Sakina was the daughter of the…