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

Section: 12

Law: Constitution of Pakistan, 1973

Section: 185(3)

Displaced Persons (Land Settlement) Act (XLVII of 1958)--   ---S.12--Constitution of Pakistan (1973), Art. 185 (3)--Evacuee property--Transfer of--Transfer of evacuee property which already stood transferred to Provincial Government by virtue of exchange of State land, challenged--Leave to appeal granted to consider contentions that Central Government having sanctioned acquisition of suit property by Provincial Government, it did not form part of compensation pool and Settlement authorities were not competent to transfer it to respondent, anti that relied upon by High Court was decided on its own facts and could not be invoked in order to deprive Provincial Government of its property which it had obtained by surrendering State land.   Writ Petition No.722/R of 1972 ref. ORDER SAAD SAOOD JAN, J.--This is a petition for special leave to appeal from the order, dated 2-7-1983 of the Lahore High Court whereby it dismissed the revision petition of the Provincial Government from the judgment of the District Judge which affirmed the judgment and decree of the trial Court. The dispute in this petition relates to an ahata measuring kanals and 15 marlas situate in Chak No.224 of Tehsil Faisalabad. It was evacuee property. On 21-8-1964, it was transferred by the Settlement authorities to the respondent for a sum of Rs.16,366 on a permanent basis. Subsequently, the respondent learnt that by a mutation attested on 6-2-1963 the ahata already stood transferred it favour of the Provincial Government. On 5-7-1978, he filed a suit inter alia to seek a declaration that he was owner of the ahata and that the Provincial Government had no rights whatsoever therein. The suit was resisted by the Provincial Government on the ground that it belonged to it by virtue of an exchange of State land with evacuee property. 3. The suit was decreed by the trial Court and the…

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