| Citation(s) |
|---|
| 1980 SLG 3222 = 1980 SLD 3222 = 1980 CLC 1514 |
Azad J. & K
Civil Appeal No. & of 1974, decided on 29th July, 1976.
Presented By: Sardar Muhammad Sharif Khan and Raja. Muhammad Khurshid, JJ
B. A. Farooqi for Appellants. S. Tassadiq Hussain Shah Tariq for
Respondents.
Civil Appeal No. & of 1974, decided on 29th July, 1976.
Presented By: Sardar Muhammad Sharif Khan and Raja. Muhammad Khurshid, JJ
B. A. Farooqi for Appellants. S. Tassadiq Hussain Shah Tariq for
Respondents.
MISKEEN AND ANOTHER-Appellants
VERSUS
AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR AND ANOTHER-Respondents
Law:
Section:
(a) Evacuee Property (Multiple Allotments) Act (VII of 1957) S, 3 (2)-Tribunal or authority traversing beyond limits and scope -of Act under which supposed to act--Not protected for his order for reason of specific provision in such Act barring jurisdiction of civil Court to question validity- and legality of such order-Section 3(2) of Act, held, no bar to trial of suit by a civil Court. (b) Evacuee Property (Multiple Allotments) Act (VII of 1957) S. 3-Judge of. Multiple Court canceling allotments of plain tiffs/appellants on ground of destitution Judge of Multiple Court held, travelled beyond his powers declaration of destitution being not with in scope. Evacuee Property (Multiple Allotments) Act (VII of 1957) S. 3-Point of compensation for houses having been decided by Multiple Allotment Judge, Rehabilitation Authorities under duty to assess compensation of houses constructed by plaintiffs in case of their ejectment being required-Site of houses remain ing with plaintiffs, in view of decision of trial Court question of their ejectment not to arise Not proper for trial Judge to circum stances to hold plaintiffs being not entitled to compensation for houses in question. (d) Evacuee Property (Multiple Allotments) Act (VII of 1957) S. 2(a)--Allotment-Son not dependent ;upon father-Allotment to such son, held, not to be included in allotment of father and as such excluded from being a. member of family of father for purposes of allotment of evacuee property-Multiple Allotment Judge ignor ing such aspect of case touching provisions of Act and cancelling allotment-Multiple Allotment Judge, held, traversed beyond his jurisdiction in cancelling allotments. JUDGMENT SARDAR MUHAMMAD SHARIF KHAN, J.-This is an Inter-Court Appeal from the…