Law:

Section:

(a) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)-----S.4(4)---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to examine, whether the of High Court under S.4(4) of the Displaced Persons (Compensation and Rehabilitation) Act, 1958, reversing that of the Settlement Commissioner, fully took into account the earlier litigation in respect of the properties and was in accord with law on the subject. (b) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)-- ---S.4(4)---Constitution of Pakistan (1973), Art.185(3)---Status of property determined by earlier litigation---Effect---Factual status of evacuee property determined by Settlement Commissioner, would have to be treated as quasi-­judicial, because of provision of appeal, without any qualification, both on fact and law, to an established superior Court---Previous litigation with regard to the properties in question had concluded with the Findings that same were trust properties attached to the charitable, religious and educational institutions--­Scheme of management was drawn, a Mahant was appointed and official receiver was appointed to look after the properties---Properties being clearly identified, dealt with and legally treated as trust properties of the description mentioned in S.4 of Displaced Persons (Compensation and Rehabilitation) Act, 1958---Records and material as old as 1855 led to the conclusion that the properties in question were attached to charitable, religious and educational institutions---High Court's was set aside and that of Settlement Commissioner treating the properties as evacuee trust property was restored by Supreme Court in appeal. Pandit Prema Nand v. Nihal Chand and another A I R 1938 P C 195; Province of East Pakistan v. Kshiti Dhar Roy and others P L D 1964 S C 636; Obedur Rahman and others v. Darbari Lal and others A I R 1927 Lah. 1; Lachhman and others v. Bansi Lal and others A I R 1931 Lah. 79(2) and Abdul Ghafoor v. Chief Settlement Commissioner and another 1985 S C M R 464 ref. (c) Civil Procedure Code (V of 1908)-- ---O. XXII, R. 9---Law Reforms Ordinance (XII of 1972)---Abatement---Where abatement had…

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