Law:

Section:

Constitution of Pakistan (1973)-----Arts. 185(3) & 143--Punjab Muslim Personal Law (Shariat) Application (Removal of Difficulties) Act (XXV of 1975), Ss. 1, 3 & 4--Leave to appeal, grant of--Interpretation of constitutional provisions--Vires of provisions of Act (XXV of 1975)--Land settlement--Limited owner--Alienation of property--Effect of--Leave to appeal granted to examine questions of general importance pertaining to interpretation of constitutional provisions that (i) whether section 2 of the Act had purported to reopen the orders passed by the Rehabilitation Authorities which had attained finality under the Central laws made for the rehabilitation and settlement of the refugees and the schemes made there under and thus, the Punjab Act was ultra vires and hit by the provisions contained in Article 143 of the 1973 Constitution; (ii) that in so far as section 3 of the Act enables the contenders to move the relevant authorities appointed thereunder, its provisions were repugnant to the Evacuee Property and Displaced Persons Laws (Repeal) Ordinance XV of 1974 as the orders passed there under had attained finality by virtue of section 6 of the General Clauses Act and could not be reopened in the manner in contravention of the provisions contained in Article 143 of the Constitution; (iii) that the Punjab Act by permitting the adjudication upon private rights of the parties constituted an unauthorised encroachment upon the judicial field and, therefore, suffers from constitutional invalidity; (iv) that the persons having acquired rights in the lands in dispute on the hypothesis that the widow was full owner their entitlement stood clinched by efflux of time under the Limitation Act which is a central statute and this could not have been undone by the Punjab Act XXV of 1975 and (v) that the Punjab Act also enabled the alienations in favour of bona fide purchasers for valuable consideration to be challenged in conflict with the provisions contained in section 41 of the Transfer of Property Act and other cognate matters forming the subject-matter of the central statutes. Additional Settlement Commissioner (Land), Sargodha v. Muhammad Shafi and others P L D…

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