Law:

Section:

(a) Pakistan (Administration of Evacuee Property) Act (XII of 1957)--S. 3---Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975), S. 2---Property was neither owned by any evacuee nor validly declared as evacuee property at any time much less before 1-1-1957, the target date mentioned in S.3 of Pakistan (Administration of Evacuee Property) Act, 1957 and thus never formed part of the compensation pool for transfer under settlement laws---Transfer of such property to any claimant, held, was without lawful authority, coram non judice and of no legal effect---Subsequent transfers made by the allottees were resultantly illegal and not binding on the owner of such property. (b) Evacuee Trust Properties (Management and Disposal) Act (XIII of 1975)--- ----Ss. 10, 6 & 8---Provisions of Evacuee Trust Properties (Management and Disposal) Act, 1975 would not be attracted to the property which was neither an evacuee property nor held so---Transfer of such property under S. 10 of the Act would not be bona fide inasmuch as the property all along stood as ownership of a registered society which was not evacuee and allottees had not taken possession of the property being conscious of the position of property. (c) Constitution of Pakistan (1973)--- ----Art. 199---Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975), S. 2--- Constitutional jurisdiction of High Court ---Laches---Any order passed by any Authority, having no jurisdiction is a nullity in the eye of law and can safely be ignored whenever it is being acted upon---Owner of land (petitioner society), who was in possession of the property, got the knowledge of its property having been allotted to claimant as evacuee property when the alottees tried to make construction over the said property and initiated the proceedings resulting into constitutional petition---Held, there was no laches in the initiation of the proceedings by the petitioner for the redress of their grievance and declaration of the order of transfer of the disputed land as without jurisdiction.--[Laches]. (d) Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975)--- ----S.2---Board of Revenue is…

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