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

Section: 25

(a) Displaced Persons (Land Settlement) Act (XLVII of 1958)--- S. 25 read with Pakistan (Administration of Evacuee Property) Act (XII of 1957), S. 41-Evacuee property-Jurisdiction-Question of succession to estate of confirmed allottee, held, beyond purview of Settlement Schemes and jurisdiction of civil and revenue Courts not excluded by S. 25 of Act XXVIII of 1958.-[Jurisdiction]. Mst, Sughran and another v. Rehmat Ali P L D 1965 Lah. 580 and Ahmad Din v. Muhammad Shafi arid others P L D 1971 S C 762 ref. Ghulam Fatima v. Muhammad Hussain and 5 others P L D 1976 S C 729 rel. (b) Displaced Persons (Land Settlement) Act (XLVII of 1958)- -- S. 25 and West Pakistan (Administration of Evacuee Property) Act (XII of 1957), S. 41-Evacuee property-Jurisdiction-Basic question to be decided: whether succession is with regard to a confirmed allotment in Pakistan or related to right to allotment in lieu of area abandoned in East Punjab about which deceased right-holder held a verified claim-Copy from Register of Mutation of deceased right-holders and text of mutation sanctioned containing a reference to shares of heirs and not to confirmation of any specific land in their favour---Mutation being related to settling interest of heirs in land abandoned by deceased land-holder, Rehabilitation Authorities, alone, held, had jurisdiction to deal with matter and not civil and revenue Courts.-[Jurisdiction]. Muhammad Hassan v. S. Mumtaz Hussain P L D 1965 Lah. 35 ref: JUDGMENT NASIM HASAN SHAH, J.-This appeal by special leave to appeal is directed against the order of a learned Single Judge of the Lahore High Court dated 21-12-1976 passed in Writ Petition No. 994-R of 1975, setting aside the order of the Member Board of Revenue (respondent No. 5 herein) directing the parties to go to the Civil Courts for the redress of their grievance. The dispute between the parties is in respect of the property left by Muhammad Akbar deceased, a right-holder, who died on 12-4-1959. The said Muhammad Akbar had filed a claim in respect of agricultural land abandoned by him in India. The claim after verification was sent to Sumundari (Distt. Lyallpur) in the first instance. As the land was not…

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