Law: Civil Procedure Code (V of 1908)

Section:  O. XIX, r. 1.

  Writ Certiorari-Error patent on face of record-Rehabili tation authorities directing alleged claimant to allotment of land to get his identity established in Civil Court-Direction, held, amounted to refusal to exercise jurisdiction-Civil Courts barred against entertaining declaratory suit to establish title to evacuee lands-Rehabilitation Resettlement Scheme-Pakistan Rehabilita tion Act (XLI of 1956)-Complete Codes for allotment of evacuee land Rehabilitation Court's exclusive jurisdiction to decide question-Writ of certiorari granted Rehabilitation authorities' decision based on inadmissible evidence-Constitution of Pakistan (1956), Art. 170-[Mst. Zainab. v. Mst. Raji and. others P L D 1960 S C (Pak.) 229 rel.]   Affidavit-Evidence by-When permitted-Civil Procedure Code (V of 1908), O. XIX, r. 1.   Affidavit-evidence is only permitted if there is an agreement between the parties that the evidence may be taken by affidavits or where under Order XIX rule, 1, Civil Procedure Code, there is an order of the Court that a particular fact may be proved by an affidavit or that an affidavit of any witness may be read at the hearing.     JUDGMENT   The facts as narrated in this writ petition are as follows :-   Haider Raza and Ahmad Raza sons. of Raza Hassan owned 999 bighas 11 biswas of land in village Sadarpur; District Karnal (India). After migration to Pakistan in the year 1949, Ahmad Raza filed two claim forms bearing Nos. 5713 and 5716 in village Kirpal Singh, District Multan. By the first claim form, he claimed his own property and by the second claim form he claimed the property owned by his brother Haider Raza, whom he represented as having died during the disturbances. Before any allotement of land was made to Ahmad Raza, be died in the year 1951. Both of these claim forms were subsequently transferred to village Kalianwala, Tehsil Hafizabad, District Gujranwala, and on the 12th of July,- 1953, 1050 kanals of land was confirmed on these claim forms. In 1952, mutations Nos. 18 and 19 were got entered in respect of the succession of Haider Raza and Ahmad Raza. Again, at the time of the mutations, it was represented…