Law:

Section:

(a) Res judicata--- ---- Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975), S. 2(2) --- Principles of general res judicata --- Finality attached to orders passed by Tribunals of exclusive jurisdiction viz. Settlement Authorities--­Principles of general res judicata were applicable to all orders of judicial nature --- Orders passed by Settlement Authorities enjoyed status of finality for having been passed by Tribunals of exclusive jurisdiction --- Once a controversy was finalized before Settlement Authorities, it could not be allowed to be re­started subsequently by the lower or equal forums --- Law intends finality of settlement of disputes and no one could be vexed twice for the same cause of action--Civil Procedure Code (V of 1908), S.11. Pir Bakhsh and others v. The Chairman, Allotment Committee and others PLD 1987 SC 145 and Aziz Ahmad and others v. Mst. Hajran Bibi and another 1987 SCMR 527 rel. (b) Res judicata--- ---- Constitution of Pakistan (1973), Art.199 --- Re-opening of controversy that had been settled in earlier round of litigation --- Validity --- Respondent having raised all the pleas which had been raised in present proceedings and. even if he failed to raise all the pleas which could have been raised in earlier proceedings, could not be allowed to get the controversy re-opened--­Respondent could not re-open the matter and to that extent ' such order was declared to be without lawful authority--Civil Procedure Code (V of 1908), S.11. ORDER This order shall dispose of W.P. No.473-R/81 titled 'Feroze Din and others v. Administrator R.P. and W.P. No.583-R/81 titled 'Ghulam Rasool. v, Deputy Settlement Commissioner and another' which arise out of the same order dated 23-6-1981 passed by Administrator Residual Property, Lahore. 2. Briefly stated facts of the case 'are that property, No.S.1.45-S-21 Bhagwan Bazar, Gowalmandi, Lahore which consists of a residential portion alongwith five small shops was transferred in its entirety to Siraj Din deceased predecessor-in-interest of Feroze Din and another petitioner by order dated 6-12-1959 passed by the Deputy Settlement Commissioner. Legal heirs of Siraj Din obtained -an order of…

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