Law:

Section:

Civil Procedure Code (V of 1908)------S.2(2)---Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S.10---Constitution of Pakistan (1973), Art.185(3)---Property in question came to be owned by predecessor of respondents per decree of Civil Court before independence of the country---Petitioner's predecessor, despite the fact that disputed property was 'not on compensation pool got it allotted to himself--­Respondents successfully challenged the order of allotment in Constitutional petition, wherein it was held that since the property was not evacuee, it was not amenable to be dealt with or transferred by the Settlement Authorities---Held, crucial point was that the property having vested in a Muslim before the independence under the and decree of Civil Court, it was not an evacuee property, and was expressly not brought on the record of the Rehabilitation Authorities---Such property, thus, could not be put on the auction list nor sold behind the back of the rightful owner---Auction of property in question was, therefore, void altogether, and no rights could flow from such an auction in favour of petitioner as a vendee from auction-purchaser---High Court having dealt with the case thoroughly and its decision being correct, there was no justification for interference in the said order---Leave to appeal refused. ORDER ABDUL SHAKURUL SALAM, J.--Dispute relates to property No.8/586 situate in Mohallah Sarai Bhabhria, Sialkot. 2. In a Civil Suit No.156 of 1943 for possession by partition of 44/96 share of the house described in the plaint and demarcated in the site plan attached with the plaint filed on 5-3-1943, the learned Civil Judge Sialkot vide judgment dated 29-3-1944, granted a preliminary decree for possession of the share of the plaintiffs in the said suit. Muhammad Din as well as Diwan Chand evacuee and other Muslim owners were parties to this suit as defendants. Ultimately on deposit of Rs.4,496-8-6 the entire house came to be owned by Muhammad Din per order of the learned Civil Judge, Sialkot dated 11-11-1944. It was accepted before the learned single Judge that the property in dispute now is the same as covered by the Civil Court…

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