Law:

Section:

Azad Jammu and Kashmir Rehabilitation Act, 1974-------S. 18---Pakistan (Administration of Evacuee Property) Act (XII of 1957), S.161---Ouster of jurisdiction of Civil Courts and exemption from legal process---Scope and extent---Intention of Legislature---Ouster of jurisdiction in case of evacuee property is limited to the extent it adversely affects the powers of the Rehabilitation Authorities and the Custodian in respect of the control, supervision, management or utilization of evacuee property by the said Authorities---If an order is passed by a Civil Court which is not in the exclusive jurisdiction of the Rehabilitation Authorities or the Custodian, such order cannot be challenged as being violative of S.18, Azad Jammu and Kashmir Rehabilitation Act, 1974 or S.16, Pakistan (Administration of Evacuee Property) Act, 1957 merely because it was passed in respect of evacuee property--­Jurisdiction of the Civil Court is not ousted even if the property remains evacuee, provided the facts alleged and the relief sought are not of such a nature which are prejudicial to the interests of the Custodian or the Rehabilitation Authorities or are hit by the mischief of any provisions of Rehabilitation Laws. The intention of the Legislature was to protect the powers of the Custodian with regard to the evacuee property and make it immune from the interference by any Authorities including the Courts of law; in other words, the orders of the Rehabilitation Authorities or the Custodian were protected from the serutiny or interference by any other Authority Executive, quasi-judicial or judicial. The Legislature never intended to oust the jurisdiction of Civil Court in cases which do not fall in the exclusive jurisdiction of the Rehabilitation Authorities or the Custodian or in cases which do not interfere in an order passed by a Rehabilitation Authority or the Custodian under the relevant law. Thus, the ouster of jurisdiction in case of evacuee property is limited only so far as it may adversely affect the powers of the Rehabilitation Authorities and the Custodian in respect of the control, supervision, management or utilisation of the evacuee property by the said authorities.…

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