Law: Constitution of Pakistan, 1962

Section: 98

Law: Displaced Persons (Compensation and Rehabilitation) Act, 1958

Section: 1, 15

(a) Constitution of Pakistan (1962) Art. 98-Jurisdiction-Jurisdiction of tribunal below depending upon existence of some particular fact-Tribunal cannot by a wrong decision with regard to it give itself jurisdiction which it would not otherwise possess-Settlement Authorities without applying their minds to question whether a property was evacuee or not dealing with property as if it was evacuee property-Settlement Authorities, held had assumed jurisdiction without dealing with point involved in the matter-Open to High Court, in circumstances, to consider nature of property in dispute-Displaced Persons (Land Settlement) Act (XLVII of 1958), S. 15-Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), Sched., Part 1. Mr. Muhammad Jamil Asghar v. Improvement Trust, Rawalpindi P L D 1965 S C 698 and Halsbury's Laws of England. Third Edn., Vol. II, p. 270 (b) Shamlat Deh  Right of co-sharer in shamlat deh-Joint owner appropriating exclusive possession of portion of shamlat-Entitled to maintain his possession undisturbed until partition-Shamlat deh owned by pro prietors of village both Muslims and non-Muslims-Property could not be declared evacuee until joint khata partitioned. Dates of hearing : 4th and 5th March 1974.                                                                                                                             JUDGMENT WAHEEDUDDIN AHMAD, J.-This appeal by special leave is directed against the judgment of the former High Court of West Pakistan, Lahore, in Writ Petition No. 1242/R of 1961, dated the 2nd June 1965. By this judgment, the writ petition was dismissed. The dispute between the parties is in respect of a house known as Muweshi Khana (cattle shed), situated in the Abadi Deh of village Darweshke, Tehsil Wazirabad, District Gujranwala. It is in possession of the appellant who is a…