Law:

Section:

Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975)--S.2--Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to examine whether of Board of Revenue, declaring property in dispute, to be a common land open for use by all the residents of Ihata, was passed with jurisdiction after repeal of Settlement Laws. (b) Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975)-- ----S.2--Constitution of Pakistan (1973), Art.185(3)--Evacuee Property-­Disentitlement to claim property in question---Appellant's claim to disputed portion as a part of house transferred to' their predecessor-in-interest was precluded by attestation of mutation attested on 11-8-1962--P.T.D. was given effect to, by such mutation---Plan of property transferred was made out on the mutation sheet itself, area whereof was portion wise calculated, thus indicating that area in dispute was excluded from such P.T.D: -Appellant's predecessor-in ­interest being aware of what was included and what was excluded and from 1962 till the matter was taken up by the Member, Board of Revenue in 1988, made no grievance, nor got the Revenue Record corrected---Appellant was, thus, precluded from saying that property in question was a part of property transferred to his predecessor-in-interest. Nawab Syed Raunaq Ali and others v. Chief Settlement Commissioner and others PLD 1973 S C 236 ref. (c) Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975)-- ----S.2---Earlier litigation before Settlement Authorities---Effect---Earlier litigation of evacuee claim of claimants and its disposal by Settlement Authority, did not indicate particulars of property to identify it with the one in question--­Such being the finding of Board of Revenue, there was nothing to establish identity of property involved in earlier litigation with the property in question--­Such objection raised by appellant was thus not tenable. (d) Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975)-- ----S.2---Constitution of Pakistan (1973), Art.l85(3)---Non-transfer of property in question---Status of---Notified officer's power to transfer such property--­Property in…

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