Law:

Section:

Evacuee Property and Displaced Persons (Repeal) Act (XIV of 1975)-------Ss. 2(2) & 3---Constitution of Pakistan (1973), Art.185(3)---Land not available for transfer---Disputed question of fact---Grievance of plaintiff was that the suit land was available for transfer and the matter pertaining to suit-land was pending at the time of promulgation of Evacuee Property and Displaced Persons (Repeal) Act, 1975---Notified Officer rejected the claim of plaintiff and civil suit filed by him was also dismissed by Trial Court---Judgment and decree passed by Trial Court was maintained by Appellate Court and High Court---Validity---Settlement authorities had found that the property was not available for disposal under Evacuee Property and Displaced Persons (Repeal) Act, 1975, therefore, the factual controversy regarding the character of property stood resolved---Trial Court having come to the same conclusion, it dismissed the suit which was further upheld by Appellate Court in appeal and by High Court in the civil revision, therefore, the same would call no interference by Supreme Court---Leave to appeal was refused. Kh. Muhammad Farooq, Advocate Supreme Court and M.A. Zaidi, Advocate-on-record for Petitioners. M. Munir Paracha, Advocate Supreme Court for Respondent No.2. Date of hearing: 10th September, 2002. JUDGMENT MUHAMMAD NAWAZ ABBASI, J.--- This petition under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973 has been preferred against the judgment, dated 4-12-2000 passed by a learned Single Judge of Lahore High Court, Rawalpindi Bench, in a civil revision arising out of a suit for declaration. 2. The relevant facts giving rise to this petition are that Ghulam Khan and others, petitioners, herein, filed a suit on 5-11-1979 claiming that they were in possession of evacuee land measuring 17 Kanals, 10 Marlas before the repeal of evacuee laws by virtue of Evacuee Property and Displaced Persons Laws (Repeal) Ordinance, 1974 and having deposited its price, would be deemed to be its exclusive owners under Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975 and that the orders, dated 5-3-1972, 28-1-1978 passed by the Assistant…

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