Law:

Section:

(a) Constitution of Pakistan (1973) -- Art. 199-Writ-Relevant fact concealed in writ petition by petitioner-Petitioner, held, not entitled to any relief in constitutional jurisdiction of High Court. Muhammad Shafi v. The Collector, Sheikhupura P L D 1968 Lah. 403 ref. (b) Constitution of Pakistan (1973) -- Art. 199-Writ jurisdiction-Whether affidavit in dispute genuine or not or whether petitioner backed out of compromise entered into between parties-Such questions of fact, held, cannot be subject-matter of inquiry in constitutional jurisdiction-High Court only to examine whether impugned order accorded with law and passed with lawful authority. (c) Evacuee Trust Properties (Management and Disposal) Act (XIII of 1975)- S. 4 read with S. 12-Deputy Administrator directing contesting respondent to apply for tenancy in favour of all legal heirs of deceased allottee-Such order an appropriate direction and in accordance with law-Contesting respondent never complying with such order Respondents having not challenged such order, order held, became final and conduct of respondent in keeping quiet led to inference of respondent having not been aggrieved by such order. (d) Evacuee Trust Properties (Management and Disposal) Act (XIII of 1975)-- -- S. 4 read with S. 12-Allottee dying leaving behind his widow and son-Administrator ordering shop in dispute to be divided and given half to both contestants-Order thus passed, held, not only legal and equitable but also in obedience to command of Allah.-[Muhammadan Law]. Holy Qur'an, Paarah 15, Surah 'Bani Israel', Aaiyats Nos. 23-24 ref. JUDGMENT Shop No. S. E. II.31.S-12, in Naulakha Bazar, Lahore, is evacuee trust property. It was in possession of Muhammad Yaqoob as tenant of the Evacuee Trust Board, Lahore. Originally the rent of the premises was Rs. 10.50 p. m. On re-assessment it was enhanced to Rs. 200 p. m. w. e. f. 1-7-1969. In this connection notice was issued to Muhammad Yaqoob which was received by him on 5-1-1970. He filed a written reply to that. Thereafter, number of notices were issued, the last being on 20-10-1975, which was returned with the report that Muhammad Yaqoob died on 13-10-1975 and the shop was in…

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