Law:

Section:

(a) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)- S. 6 read with Civil Procedure Code (V of 1908), O. VII, r. 11(d)Plaint, rejection of: Provisional Transfer Order, validity of-Suit challenging transfer order, held, barred under S. 6, Act 1958.[Plaint-Jurisdiction]. (b) Civil Procedure Code (V of 1908)- - O. VII, r. 11 (a)-Plaint, rejection of-Petitioners having only to show to have had a cause of action and such cause of action shown by pleading that Rent Controller's order could not be executed against them for reason of their having been in possession of property since before 1958-Question whether petitioners would be able to prove such allegation in Court or not being not capable of being decided without framing issues and giving petitioners opportunity to produce evidence, plaint, held, could not be rejected. JUDGMENT Only Civil Miscellaneous No. 854/C of 1973 was fixed for hearing today, but as the arguments of the civil miscellaneous petition and the revision petition were to be identical, I have heard arguments on the revision petition and propose to dispose it of. 2. The facts of this case are that the property in dispute was transferred by the Settlement Department under the provisions of the Displaced Persons (Compensation and Rehabilitation) Act, 1958, to the respondent. He filed a petition for ejectment of Muhammad Rafiq, Din Muhammad sons of Muhammad Sharif, Muhammad Hanif, Muhammad Siddique sons of Nasib-ud-Din, Jhanda son of Rehmat Ullah and Suleman son of Murad Bakhsh. An order of ejectment was passed by the learned Rent Controller. The petitioners filed a suit challenging the validity of the Provisional Transfer Order passed in favour of the respondent and in the alternative claimed that a relationship of landlord and tenant had not arisen between them and the respondent and as no order for their ejectment was passed by the learned Rent Controller, the respondent had no right to eject them in execution of that order. It may be stated that plaintiffs Nos, 1 and 2 daughter and widow respectively of Muhammad Sharif, are sister and mother of two judgment-debtors in proceedings before the Rent Controller and Nasib-ud-Din…

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