Law:

Section:

(a) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)-------S. 44---Constitutional petition---Right of filing Constitutional petition on the basis of affidavit---Maintainability---Held A right considered sufficient for maintaining a petition was not necessarily a right in the strict juristic sense but it was enough if the petitioner had disclosed that he had personal interest in the performance of a legal duty, which if not performed in the manner provided by law, would result in loss of personal benefit to him. (b) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----S. 44---Constitutional petition---Power of Municipal Committee about allotment of property during pendency of matter before appropriate forum--­Municipal Committee or its Chairman was not vested with any jurisdiction to allot the property to anybody during the pendency of matter before the revising Authority. (c) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----S. 44---Constitutional petition---High Court not a forum to decide any disputed question of fact---Validity of affidavit could not be examined by High Court in its Constitutional jurisdiction-- -Petitioner could agitate such question of fact before any appropriate forum permitted by law. ---[Affidavit]. Mian Fazal Din's case PLD 1969 SC 223 ref. JUDGMENT MUHAMMAD YUNUS SURAKHVI, J --This appeal, with the leave of the Court, has been preferred against an order passed by the High Court on March 16, 1996, whereby the writ petition filed by Muhammad Sharif, the predecessor-in-interest of respondents 1 to 7, was accepted. 2. The precise facts, forming the background of the present appeal, are that Plot No.5-E measuring 1 Kanal, situate in Sector E-2, Mirpur Town, was allotted in the name of one Baba Abdul Ghani, as early as in the year 1976. Muhammad Sharif, deceased, claimed that he purchased the above mentioned plot from the said Baba Abdul Ghani through an. affidavit executed on July 8, 1976. Subsequently, vide a general notification, issued by the Government on December 16, 1980, all the allotments made during a certain period, were cancelled which included the, allotment in question and the…

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