Law:

Section:

(a) Constitution of Pakistan (1973)--Art. 199---Pakistan (Administration of Evacuee Property) Act (XII of 1957), S. 2(2)---Constitutional jurisdiction of High Court under Art. 199 of the Constitution---Complicated question of fact including question as to whether forgeries had been committed by fabricating orders of Custodian of Evacuee Property, could not have been decided by High Court in exercise of its Constitutional jurisdiction. (b) Constitution of Pakistan (1973)--- ----Art. 199---Pakistan (Administration of Evacuee Property) Act (XII of 1957), S. 2(2)---Constitutional jurisdiction exercise of---High Court without recording any evidence on basis of visual examination of the record, concluded that one of the two orders of Custodian of Evacuee Property was genuine and the other was forged one---Such a finding could not have been recorded in exercise of Constitutional jurisdiction by High Court particularly without affording opportunity to affected parties to produce evidence and to cross-examine the witnesses of the other side. Zainul Abadin, Advocate Supreme Court and Ch. Ikramul Haq Advocate-on-Record (absent) for Appellant (in C.A. 371 of 1992). Mian Bashir Zaffar, Advocate Supreme Court and Tanvir Ahmed, Advocate-on-Record (absent) for Appellant (in C.A. 372 of 1992). Sardar Shaukat Ali, Advocate Supreme Court and Tanvir Ahmed, Advocate-on-Record (absent) for Appellant (in C.A. 373 of 1992). M. Saeed Akhtar, Advocate Supreme Court and Khan Muhammad Virk, Advocate Supreme Court for Respondents Nos. 1, 2, 3, 5 and 6 (in all Appeals). Date of hearing: 18th March, 1999. JUDGMENT AJMAL MIAN, C.J.---By this common judgment, we intend to dispose of the above three appeals, which have been filed with the leave of this Court against the judgment dated 26-8-1991 passed by a learned Single Judge in Writ Petition No. 538-L of . 1979, filed by the respondents 1 to 6, challenging the Settlement Commissioner (Lands) Punjab, Lahore order dated 9-2-1978 directing that the order dated 19-1-1960 of the Custodian Evacuee Property, Lahore should be implemented immediately allowing the same for the following reasons:--- "11. Apart from what has been discussed hereinbefore…

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