Law:

Section:

Constitution of Pakistan (1973)----Art. 185 (3)-- Displaced Persons (Land Settlement) Act (XLVII of 1958), S.25--Evacuee Trust Properties (Management and Disposal) Act (XIII of 1975), S. 10--Evacuee property--Jurisdiction of Civil Court-­Allotment of land confirmed in favour of petitioners--Land subsequently ­found to be Trust property--Allotment made under Rehabilitation Scheme cancelled--Civil suit challenging order of cancellation failed to Jurisdictional point and Second Appeal also dismissed--Petition for leave to appeal--Civil Court had no jurisdiction; however, petitioners counsel seek relief under other law from designated authorities, if otherwise entitled to it--Nr) question of law being involved, leave to appeal refused. ORDER SHAFIUR RAHMAN, J.--The petitioners who have been unsuccessful as plaintiffs in all the three Courts seek leave to appeal against the judgment of the Lahore High Court, dated 4th of March, 1980 whereby their second appeal was dismissed. The petitioners received allotment of land measuring 25 Kanals 15 Marlas against their verified claim under the Rehabilitation Scheme in 1948. It was confirmed to them by the Deputy Rehabilitation Commissioner (Land) on 30th of March, 1952. In March, 1961 the lease rights in the land were advertised for auction as a Trust property. The petitioners claim to have applied to the Deputy Commissioner who was then the Chairman of the Evacuee Trust Board against it. When the auction was held, they, however, participated under protest and came out as the successful bidders for the lease period Kharif 1962 to Rabi 1964 and held the land in that capacity. In the meantime, on a report of the Tehsildar dated 7-10-1961 the Assistant Rehabilitation Commissioner (Land) cancelled the allotment on the ground that it was Trust property When the period of lease of the petitioners was about to expire, they instituted a civil suit challenging the order of the Assistant Rehabilitation Commissioner dated 12-7-1961 treating this as trust land and setting aside the confirmation made by the Deputy Rehabilitation Commissioner, in their favour. They sought a perpetual injunction against disturbance of their possession over…

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