Law: Specific Relief Act, 1877

Section: 8,42

Law: Civil Procedure Code (V of 1908)

Section: 9

Law: Displaced Persons (Compensation and Rehabilitation) Act, 1958

Section: 22,25

Law: Pakistan (Administration of Evacuee Property) Ordinance (XV of 1949)

Section: 5,36(4)

(a) Specific Relief Act (I of 1877)--- ----Ss.8 & 42---Pakistan (Administration of Evacuee Property) Ordinance (XV of 1949), Ss.5 & 36(4)---Civil Procedure Code (V of 1908), S.9---Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), Ss.22 & 25---Suit for declaration of title and recovery of possession---Plaintiff filed suit in year 1992 claiming to be owner of suit property on basis of PTD issued in year 1962 in favour of his father (died in year 1972) after cancellation of sale between defendant's mother and its Hindu owner by order of Custodian (Judicial) in year 1950---Plea of defendant was that sale-deed executed in year 1947 in favour of his mother by Hindu owner of suit property was still intact and not cancelled--Proof---Such order of Custodian annexed with plaint showed twice his name and designation, whereas at relevant time no person by name appearing thereon was the Custodian---Certified copy of such order produced by plaintiff was bearing certain dates, which were not appearing an its copy annexed with plaint---Such order suffered from basic grammatical errors, which could not be expected from a Custodian on 1950s having status of a Judge of High Court---Such order was passed by Custodian (Judicial) of Evacuee Property of Sindh and Federal Capital, which post was not available at relevant time---Such order had been passed on application of a person not claiming any right in suit property, but was not passed in suo motu assumption of power by Custodian under S. 36(4) of Pakistan (Administration of Evacuee Property) Ordinance, 1949---Affidavit in support of such application was not available---Person alleged to have made such application continued to be Manager/Rent Controller of defendant's mother till her death in year 1982---Such order of Custodian relied upon by plaintiff was a forged document, thus, jurisdiction of civil Court was not barred---Documents produced by defendant confirmed that since 1947 till filing of present suit, defendant's mother and after her death, he had been dealing with suit property openly as rightful owner in possession thereof without any protest from plaintiff's father or…

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