Law: Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975

Section: 42

  Displaced Persons (Land Settlement) Act (XLVII of 1958)--- ---- Preamble --- Specific Relief Act (1 of 1877), S.42 --- Evacuee land proposed in the name of plaintiffs --- No confirmation of such proposal --- Effect --- Suit for declaration of title and consequential relief --- Maintainability --- Proposal of land in itself was not equivalent to its confirmation or actual settlement of land mentioned therein, nor did it invest plaintiffs with ownership rights therein --- Claim for ownership of land in question, by plaintiffs was, thus, untenable --- Averments in plaint would sufficiently indicate that plaintiffs' case in substance, was for declaration of title and for consequential relief which flew from the title sought to be established ---plaintiffs' failure to prove clear title to land did not entitle them to consequential injunctive relief regarding their possession of land in question. Ayesha Begurn and others v. Nibaran Chandra and others PLD 1963 Dacca 172 and Muhammad Yaqoob v. Muhammad Ishaque 1980 CLC 2056 rel. Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975)--- ---- S.2(2) --- Proposal of land in question in favour of plaintiffs in absence of proper confirmation order would be deemed to be a "pending case" for being dealt with in accordance with the provisions of Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975. Zafar Pasha Chaudhry for Petitioners Malik Muhammad Sadiq for Respondents. Date of hearing: 9th March, 1993. JUDGMENT 15 Kanals, 2 Marlas of land in Killa Nos. 11, 20/1 of Square No.41 at Chak No.3917/GB in Tehsil Samundri was owned by non-Muslim evacuee. It was initially proposed for allotment to the respondents in the year 1952. On 10-5-1955, the proposal was recalled from their names on the ground of alleged transfer of units of their verified claim elsewhere. Thereupon, the land was proposed for settlement to the   petitioners on 27-6-1955. Against the cancellation order passed on 10-5-1955, an appeal was preferred by the affected party to Additional Rehabilitation Commissioner (Lands), Multan Division, who allowed the appeal on 20-2-1958, Copy of the order was not on file.…