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

Section: 2(2)

    Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975) ----S. 2(2)---Scrutiny of Claims (Evacuee Property) Regulation (M.L.R. No.89 of 1991), paras.8 & 9---Constitution of Pakistan (1973), Art.199---Transfer of evacuee land---Surrender of land by transferee---Effect---Constitutional petition---Maintainability---Petitioners had claimed that land in dispute competently allotted to claimants   (respondents) was purchased by them from allottees thereof---Claim of another respondent was that land originally was allotted to claimant as evacuee land, but said allottee on promulgation of M.L.R.89191 had surrendered same and did not opt to purchase the said land--Claim of other respondent was that status   of land after surrender by original allottee had changed from evacuee to surrendered land, which had become property of Provincial Government and same could not be allotted to claimant respondents but was to be disposed of by Revenue Officials--- Matter in dispute was pending adjudication before Civil Court---Matter   essentially involved questions of fact, the foremost being whether disputed land allotted to original claimant was surrendered by him and, thereafter, same came to be vested in Provincial Government---Other important question was that even if it was established that land in dispute was lawfully allotted to claimant-respondents on   the basis of being evacuee whether said allotment was fraudulent on the ground that said respondents had already been settled at some other property in satisfaction of their evacuee claims---Such questions of fact would require evidence for which only Civil Court would be competent forum---Civil suit being, pending   before Civil Court, title to disputed land would be resolved by said Court---Constitutional petition was dismissed being not maintainable--Court, hence, directed parties to maintain status quo till final decision, in the matter, was obtained from Civil Court. Sher Afzal Khan v. Haji Razi Abdullah and others   1984 SCMR 228; Muhammad Yousuf v. Muhammad Yousuf 1994 CLC 1269; Abul A'la Maudoodi and others v. Government of West Pakistan PLD 1964 SC…