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

Section: 2

Law: Constitution of Pakistan, 1973

Section:

  Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975)--- ----S. 2(2)---Scrutiny of record---Deputy Settlement Commissioner or authorities who are custodian of record, have authority to scrutinize corrections and genuineness of their own record despite enforcement of Act (XIV of 1975). Muhammad Younus and 2 others v. Muhammad Younus Khan etc. 1981 S C M R 899; Raja Hassan Akhtar and others v. Akbar Khan and another 1981 S C M R 503; Ghulab Din v. Collector/D.C., Kasur, etc. 1984 C L C 1636; Fateh Muhammad and others v. Deputy Commissioner P L D 1989 Lah. 473; Muhammad Siddiq v. Chief Settlement and Rehabilitation Commissioner P L D 1965 SC,123; Crescent Jute Products Ltd. v. Muhammad Yaqub etc. P L D 1978 SC 270; Amir Din etc. v. Addl. Settlement Commissioner etc. 1983 C L C 2836; Abdul Jamil Asghar v. Settlement Commissioner (Land) etc. N L R 1981 UC 455; Raja Hassan Akhtar and others v. Akbar Khan and others 1981 S C M R 503; Fateh Muhammad and others v. Deputy Commissioner, T.T. Singh and others P L D 1989 Lah. 473; Yar Muhammad and 3 others v. Settlement Commissioner (L).,Lahore 1985 S C M R 1346; Noor Muhammad and others v. Assistant Commissioner 1986 S C M R 292 and Shamrooz Khan v. Muhabbat Khan 1989 SCMR819 ref. Constitution of Pakistan (1973)--- ----Art. 199---Constitutional jurisdiction, exercise of---Constitutional jurisdiction, cannot be exercised in favour of retention of ill-gotten gains. Nawab Syed Raunaq li etc. v. Chief Settlement Commissioner and others P L D 1973 SC 236 and Muhammad Ismail v. Abdul Rashid and 2 others 1983 S.C M R 168 ref. Mahmood-ul-Haq Thanvi and Khaliq Ahmad Ansari for Petitioners. S.M. Ikram and Ch. Nazir Ahmad for Respondents. Date of hearing: 5th March, 1990. JUDGMENT   This is a Constitution petition by S.K. Masud, Mirza Ashiq Hussain, Mian Abdur Rauf and Muhammad Mohsih under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 calling in question the finding of the Deputy Settlement Commissioner dated 10-7-1975 holding the transfer documents in respect of property in dispute in favour of S.K. Masud, Ashiq Hussain, Abdur Rauf and Muhammad Mohsin to have been based upon…