Law:

Section:

(a) Constitution of Pakistan (1973)-------Art. 199---Constitutional jurisdiction, exercise of Factual controversies---Petitioner sought declaration of Court to confirm genuineness and existence of sale agreement, payment of consideration and entitlement to transfer of property---Such questions could not be determined in Constitutional petition---Remedy for such matters was civil suit, where such issues may be decided on the basis of evidence---Constitutional petition was not maintainable in circumstance. (b) Abandoned Properties (Taking Over and Management) Act (XX of 1975)--- ----S 13---Constitution of Pakistan (1973), Art.199---Constitutional petition---Abandoned properties---Jurisdiction of Administrator ---Disputed property was declared as an abandoned property whereas the petitioner claimed to be a bona fide purchaser of such property for consideration prior to such declaration---Petitioner assailed the order declaring such property as abandoned property, before the Administrator on the basis of a purchase receipt---Administrator instead of confining himself to the receipt, had tried to decide the right or interest or its legality---Validity---Such questions could only be determined by the Civil Court and the Administrator under S.13 of Abandoned Properties (Taking Over and Management) Act, 1975 had only to confirm that the creation or transfer of any right or interest in the abandoned property was in good faith and for adequate consideration---Irrelevant for the purpose of Authorities whether the alleged receipt was a sale agreement or an acknowledgement of a complete sale transaction---If the receipt was genuine, the same created some interest or right in favour of the petitioner and if the transfer was not legally complete, the confirmation could have been made subject to appropriate conditions, under the same provision of law--­Provisions of S.13 of Abandoned Properties (Taking Over and Management) Act, 1975, did not provide that a complete transfer of title could only be confirmed---Where the Administrator travelled beyond his jurisdiction, such order passed by him was not maintainable and the same was set aside accordingly. ORDER Before…

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