Law:

Section:

Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975)--S. 2(2)---Constitution of Pakistan (1973), Art. 185(3)---Remand of case by High Court---Validity---Cancellation of agreement of association--­Respondents' application for cancellation of agreement of association was rejected by Settlement forums on the ground that after repeal of evacuee laws they had no jurisdiction to decide any case which was not pending on or before 30-6-1974 and that Settlement Commissioner had become functus officio--­High Court exercising its Constitutional jurisdiction remanded the case to the notified officer for decision---Leave to appeal was granted to examine whether , order of remand passed by High Court was in accord with law. 1973 SCMR 624 and PLD 198.2 SC 413 rel. ORDER SAJJAD ALI SHAH, J: --Leave is sought to file appeal against judgment dated 10-8-1992, whereby Writ Petition No. 1735-R of 1976 filed by Haji Rehmat Ali, respondent No. 3 before us, is allowed and the case is remanded to the Notified officer for decision in accordance with law within six months after hearing both parties. 2. Factually it appears that disputed property, which is a shop, was transferred to respondent No. 3, vide P.T.O. dated 31-1-1960 and subsequently agreement of association was executed on 4-4-1963 between respondent No. 3 and Muhammad Zaman, who is succeeded after his death by his heirs, who are petitioners before us. Consequently, property rights in the disputed property were transferred to the extent of half share to each of the executants and in that context P.T.O. followed by P.T.D.…

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