Law:

Section:

Specific Relief Act (I of 1877)-------S. 42---Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 25---Pakistan (Administration of Evacuee Property) Act (XII of 1957), S. 3-A---Civil Procedure Code (V of 19(18), O.VII, R. 10---Suit for declaration of ownership of house in question, and for cancellation of order of allotment of the same in favour of defendant---Plaint was returned on the pretext of bar of jurisdiction on the ground that property in question being evacuee, Civil Court lacked jurisdiction to adjudicate on such matter--­Appellate Court substituted order of return of plaint with dismissal of suit--­Validity---Plaintiffs had produced irrefutable evidence comprising of Revenue Record that they were owners of house in question---Determination of nature of property being a judicial question, had to be determined by Custodian of Evacuee Properties whether any property was evacuee or not but property in question, had not been got determined to be evacuee---No such property without determination by the custodian could be treated to be evacuee property---In absence of conscious application of mind by Custodian, mere transfer of property in question, by Settlement Authority was not enough to oust jurisdiction of Civil Court---Findings of both Courts below as to lack of jurisdiction were set aside---Order of Settlement Authority having been challenged within six years, suit was within time---There being ample evidence on record and litigation having been going on for the last thirty years, High Court did not deem it fit to remand the case--High Court on basis of evidence decreed plaintiffs suit to the effect that they were owners in possession of house in question. Muhammad Jamil Asghar v. Improvement Trust Rawalpindi PLD 1965 SC 698 and PLD 1964 SC 865 ref. Makhdoom Ijaz Hussain Shah for Appellants. SA. Hasnain Shah Bukhari, for Respondents. Date of hearing: 26th October, 1994. JUDGMENT On 26-7-1966 the present appellants filed a suit for declaration of ownership of House No. 313/B-IV situate in Ghas Mandi Montgomery (now Sahiwal city) and for cancellation of order, dated 13-12-1960 passed by the Deputy Settlement Commissioner…

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