Law:

Section:

(a) Displaced Persons (Land Settlement) Act (XLVII of 1958)-------S. 11---Constitution of Pakistan (1973), Art.185(3)---Allotment of land---Contention of the petitioner was that order passed by Settlement Authorities allotting suit land to respondents and subsequent issue of Provisional Transfer Order in their favour was without jurisdiction and void as on the date when allotment was made in favour of the respondents, the suit land was not available for allotment--Petitioner further contended that the order of Chief Settlement Commissioner canceling the allotment of petitioner was without 'lawful authority and illegal, had the effect of restoring the allotment of suit land in favour of the petitioner, which was permanently settled in his favour as far back on 31-8-1958 and as such no right could be claimed by the respondents on the basis of void order passed in their favour allotting the same land to them on 31-8-1969---Petitioner also contended that the Civil Court had the jurisdiction to examine the validity of the order passed by the Settlement Authorities transferring the land to respondents after the repeal of Displaced Persons (Land Settlement) Act, 1958, and as such the civil suit instituted by the petitioner for recovery of rent and possession against the respondents was ,competent---Leave to appeal was granted by Supreme Court to consider the contentions of the petitioner. (b) Displaced Persons (Land Settlement) Act (XLVII of 1958)--- ----S. 10---Constitution of Pakistan (1973), Art.199---Constitutional jurisdiction of High Court---Order passed by Settlement Authorities, assailing of---Jurisdiction of civil Courts---Scope---Evacuee laws were repealed with effect from 1-7-1974 and before repeal of evacuee laws, order passed by Settlement Authorities under Displaced Persons (Land Settlement) Act, 1958, could not be challenged before the civil Courts due to bar of jurisdiction under the relevant statutes and the civil suit was not be maintainable for adjudication of the disputes arising out of such orders---Aggrieved person could invoke the Constitutional jurisdiction of High Court against the orders passed by Settlement authorities. (c) Displaced Persons…

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