Law: Displaced Persons (Land Settlement) Act, 1958

Section: 21

Law: General Clauses Act, 1897

Section: 6

Law: Constitution of Pakistan, 1973

Section: 185(3)

Law: Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975

Section: 2(2)

(a) Displaced Persons (Land Settlement) Act (XLVII of 1958)--S. 21---Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975), S. 2(2)---General Clauses Act (X of 1897), S. 6---Constitution of Pakistan (1973), Art. 185(3)---Remand of case by High 'Court to Notified Officer after repeal of Evacuee Laws in terms of S. 21, Displaced Persons (Land Settlement) Act, 1958---Validity---Revisional jurisdiction of High Court could be validly exercised in pending case after repeal of Settlement Laws by virtue of S. 6, General Clauses Act, 1897---Impugned order of High Court whereby case was remanded to Notified Officer was competently and validly made by High Court. (b) Displaced Persons (Land Settlement) Act (XLVH of 1958)--- ---S. 21---Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975), S. 2(2)---Civil Procedure Code (V of 1908), S. 11---Constitution of Pakistan (1973), Art. 185(3)---Plea of res judicata---Chief Settlement Commissioner had himself stated that inquiry proceedings initiated in respect of allotment in question were not subject-matter of litigation earlier---High Court endorsed such view in impugned which suffered from no illegality--­Doctrine of res judicata-was, thus, not attracted in facts and circumstances of case---Serious allegations of tampering with claim and securing allotment in question, through fraudulent means, having been made, remand of case to Notified Officer to inquire into alleged fraud would not call for interference by Supreme Court---Leave to appeal was refused in circumstances. Ch. Khalil-ur-Rehman, Senior Advocate Supreme Court instructed by Sh. Salahuddin, Advocate-on-Record for Petitioners. Nemo for Respondents. Date of hearing: 12th June, 1996. JUDGMENT IRSHAD HASAN KHAN, J.---This petition for leave to appeal is directed against the order dated 15-1-1994 passed in Settlement Revision No. 162 of 1971 by the Lahore High Court arising out of the order dated 6-5-1971 of the Settlement Commissioner with the powers of Chief Settlement Commissioner whereby the matter relating to the allotment of disputed land was remitted to the Board of Revenue/Chief Settlement Commissioner for entrusting it to a…

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