Law:

Section:

(a) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)------S. 20---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to consider whether P.T.D. in favour of respondents' predecessor, on which respondents had relied, was itself based on a wholly void order which was amenable to the jurisdiction of relevant Settlement Authorities and was no hurdle in the way of exercise of revisional jurisdiction by the Settlement Commissioner. (b) Limitation Act (IX of 1908)-- ----S. 3----Civil Procedure Code (V of 1908), O.VIII, R.2---Constitution of Pakistan (1973), Art.185(3)---New plea that plaintiff's suit was time-barred was raised for the first time before Supreme Court---Effect---Plea that plaintiff's suit was time-barred having not been taken either before trial Court or before Appellate Court and Revisional Court, could not be allowed to be raised for the first time before Supreme Court and same was rejected outright.--[New plea]. (c) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)-- ----Ss. 19 & 20---Appellate/revisional jurisdiction of Settlement Authorities--­Cancellation of P.T.D., after more than two years on a miscellaneous -application although no fraud or misrepresentation was alleged or committed---Appellate or revisional jurisdiction could not be exercised after more than two years except in case of fraud or misrepresentation, if same was discovered later on---Finality being attached to every transaction, revisional authority could not exercise jurisdiction at any time even after issuance of P.T.D., more particularly, when there was no allegation of fraud or misrepresentation and premises in question were transferred by charging higher price according to rules. (d) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)-- ----S. 20---Constitution of Pakistan (1973), Art.185(3)---Revisional jurisdiction-­Extent---With issuance of P.T.D. in relation to an evacuee property, same ipso facto, would go out of the compensation pool, thus, no longer subject to the suo motu revisional jurisdiction of Settlement Commissioner or Chief Settlement Commissioner---Cancellation of…

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