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

Section: 22

Law: Constitution of Pakistan, 1973

Section: 199

(a) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)  S. 22-Finality of order-Issuance of transfer deed in respect of property not evacuee property-Does not convert property into evacuee Property-Finality of permanent transfer deed not questionable only when issued in respect of evacuee property but questionable if issued in respect of non-evacuee property-Issuance of permanent transfer deed-Ousts jurisdiction of settlement authorities but not of Custodian. The finality of the permanent transfer deed cannot be questioned only if the transfer deed has been issued in respect of an evacuee property. The issuance of a transfer deed in respect of property which is not evacuee will not convert the property into evacuee property. In any event, the issuance of the permanent transfer deed ousts the jurisdiction of the Settlement Authorities but not the jurisdiction of the Custodian, should a dispute with regard to the evacuee nature of the property subsequently arise in other proceedings. (b) Constitution of Pakistan (1973)  Art. 199--Writ jurisdiction-Lower Tribunal believing evidence and arriving at a finding of fact-High Court cannot go behind such finding in exercise of writ jurisdiction. Date of hearing : 16th September 1974.                                                                                                                       JUDGMENT HAMOODUR RAHMAN, C. J.-This is a petition for special leave to appeal from the judgment and order of a learned Single Judge of the High Court of Sine & Baluchistan dismissing in limine a constitutional petition filed under Article 199 of the Constitution of the Islamic Republic of Pakistan to call in question an order of the Custodian of Evacuee Property Sind, Hyderabad, holding that the property in dispute is not evacuee property and was never treated as evacuee property before the 1st of…