Law: Pakistan Administration of Evacuee Property Act (XII of 1957)

Section: 18

  Pakistan (Administration of Evacuee Property) Act (XII of 1957)--- ----S. 18---"Evacuee property"---Definition---Jurisdiction of Civil Court---Once the P.T.D. was issued in respect of a property, Civil Court had no jurisdiction to declare the same as non-evacuee property. Limitation Act (IX of 1908)--- ----Ss. 3, 14, 19; Arts. 95 & 120---Point of limitation is a mixed question of fact and law---Duty of Court is to take cognizance of the question of limitation suo motu. Civil Procedure Code (V of 1908)--- ----O. XLI, R.23---Limitation Act (IX of 1908), S.3---Remand of a case ---Time barred suit---Not in interest of the parties to remand case to the Trial Court for putting the parties to further litigation when the same was badly time-barred. Sardar and others v. Shaukat Ali and others 1990 SCMR 951; Ahmad Khan and 5 others v. Member, Board of Revenue with powers of Chief Settlement Commissioner, Punjab, Lahore and 3 others 1986 CLC 1677 and Wazir Muhammad and others v. Settlement Commissioner (Lands) and others 1986 MLD 2074 ref. Syed Jamshaid Ali Shah for Appellant. Syed Munir Hussain Naqvi for Respondent. Dates of hearing: 19th, 23rd, 25th June and 1st July, 1997. JUDGMENT The brief facts giving rise to this appeal are as follows:--- That the respondent/plaintiff filed a suit on 18-9-1978 for declaration with consequential relief that the respondent/plaintiff being the owner of disputed land, is entitled to get possession of the plot since it has been occupied by the appellant who is trespasser without any lawful authority. The present appellant filed written statement denying the rights of the respondent/plaintiff The other defendants were proceeded ex parte by the learned Trial Court. The learned Trial Court on the basis of the pleadings of the parties framed the following:   Issues Whether the plaintiff got no cause of action? O. P. D. Whether the plaintiff has got no locus standi to file the suit? O.P.D. Whether this Court has got the jurisdiction to adjudicate upon the matter? O. P. P. Whether the plaintiff is estopped by his conduct and laches to file the suit? O.P.D. ' Whether the suit is barred by the principle of res…