Law: Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)

Section: 10

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

Section: 2(2)

Law: Constitution of Pakistan, 1973

Section: 199

(a) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958) S. 10---Permanent transfer deed, issuance of---Powers of Settlement Authorities to interfere in allotment---Subsequent to issuance of title documents---Extent---After the issuance of title documents i.e. Permanent transfer Deed, the property absolutely vests in the transferee and the Settlement Authorities become functus officio, subject to fraud or forgery. (b) Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975) S. 2(2)---Constitution of Pakistan (1973), Art.199---Constitutional petition ---Re-opening of matter---Permanent Transfer Deed was issued in favour of the petitioner on 24-4-1962---Settlement Authorities in the garb of application for inspection of the premises prepared a report, dated 24-9-1997, whereby the premises were stated to be owned by the Settlement Department and not transferred to the petitioner--- Validity---Authorities did not act in accordance with law in re-opening of the matter on the basis of such application---Report prepared by the Settlement Authorities was without lawful authority. Muhammad Ali Hassan and others v. Deputy Settlement Commissioner and others 1991 CLC Note 66 at p.50; Province of Punjab and others v. Mufti Abdul Ghani PLD 1985 SC 1; Ali Muhammad v. Haji Hussain and 2 others PLD 1975 Kar. 971; S. Anwar Hussain Sani v. Sarfraz Ahmad and 2 others PLD 1971 SC 669; Mst. Hajiani Fatima Bai and 6 ethers v. Ibrahim and 13 others PLD 1972 Kar. 610; Sh. Fazal-ur-Rehman v. Pakistan through The Secretary, Ministry of Works and Rehabilitation, Islamabad 1987 SCMR 1036; Bilqis Begum and others v. Fazal Muhammad and others 1987 SCMR 1441; Khawaja Bashir Ahmad v. The Additional Settlement Commissioner, Rawalpindi and others 1991 SCMR 1604 and Dost Muhammad v. Member, Board of Revenue (Settlement and Rehabilitation Wing) and others 1991 SCMR 84 ref. Date of hearing: 11th September, 2000.                                                                        …