Law:

Section:

Constitution of Pakistan (1973)----Arts. 185(3) & 199--Dir, Chitral and Swat (Administration) Regulation, 1969, cl. 3(b)--Dastoorul Amal, Dir, S. 27--Original jurisdiction of Deputy Commissioner--Limitation--Application of--High Court noticing patent illegality and irregularity going to the root of case which warranted interference in its Constitutional jurisdiction--Supreme Court affirming view that matter required complete examination in view of various enactments promulgated by Provincial Government--In interest of justice matter was required to go black to competent forum for decision afresh on all legal and factual questions involved in case--Petition for leave to appeal dismissed with direction that matter be examined by concerned authorities having jurisdiction and all questions involved be decided according to law applicable to case. ORDER MIAN BURHANUDDIN KHAN, J.-- Muhammad Umar Khan and others respondents resident of Shahzadai village, Tehsil Balambat, District Dir challenged through a constitutional petition the judgments and orders of respondents Nos. 1 to 3, whereby the suit for possession in respect of land in dispute was dismissed by respondent No.1 and affirmed in appeal and revision by respondents Nos. 2 and 3 respectively. 2. Facts of the case giving rise to the present petition are; that the respondents and petitioners herein claimed that they were the owners in possession of the suit land during the rule of Nawab Shah Jehan Khan (the then Ruler of Dir). The Nawab, it is stated, that by way of policy used to extern from State sometime persons who according to his judgment were involved in Anti-State Activities and in such a case the property of a person extern used to be entrusted to another party who was to retain it as care-taker/trustee. In this context it is stated that father of the writ petitioners with other relatives were exiled from the State and their immovable property was entrusted to the predecessor in interest of respondents Nos. 4 to 15 as trustees. On the merger of the State in the Province of West Pakistan the petitioners herein brought a suit somewhere in the year 1961-62 but the record of the case was burnt in the fire…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492