Law:

Section:

(a) West Pakistan Land Revenue Act (XVII of 1967)-- ----S. 57---Variation of entry in a column of Jamabandi in the absence of mutation---Presumption of truth---Extent---In earlier successive Jamabandis non-Muslims were mentioned as mortgagees to the extent of 9/24th share of Khewat while in subsequent Jamabandi however, in absence, of any mutation, non-Muslims were shown to be owners. of Khewat to the extent of 15/24th share in the land in question---Petitioners having been shown to be owners of land in earlier successive Jamabandis were divested of their rights of ownership without a mutation to that effect---Entry in a column of Jamabandi for the specific year divesting petitioners of their ownership in the land would have no presumption of truth attached to it. (b) Pakistan (Administration of Evacuee Property) Act (XII of 1957)--- ----S. 3---Martial Law Regulations 1959, No.49---Constitution of Pakistan (1973), Art.199---Property in question, whether treated as evacuee property prior to 1-1-1957---Settlement Commissioner on basis of conviction of petitioners by Martial Law Authorities under M.L.R. 49, on charge off having hidden property, had concluded that property in question, had been declared to be evacuee property before the target date of 1-1-1957---Although no date of said conviction had been mentioned, yet Martial Law Regulation 49, having been promulgated in the year 1959, conviction would be of subsequent date--- Petitioners' conviction under Martial Law Regulation, thus, had no relevance for determination of question as to whether property in question was treated as non-evacuee prior to 1-1-1957---Settlement Commissioner, while determining evacuee nature of property, having been influenced by the conviction of petitioners, which was totally irrelevant in the context of controversy, his order was not sustainable at law. (c) West Pakistan I-and Revenue Act (XVII of 1967)--- ----S. 42---Pakistan (Administration of Evacuee Property) Act (XII of 1957), S.3---Entry in revenue record---Mere entry in revenue record cannot be equated as treatment of property to be evacuee within meaning of S.3, Pakistan (Administration of Evacuee Property) Act, 1957. Jalal…

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