Law:

Section:

(a) West Pakistan Land Revenue Act (XVII of 1967)------S. 52---Jamabandi---Whether exclusive proof of ownership ---Jamabandi cannot be considered as exclusive proof of ownership---Presumption of truth is attached to Jamabandi which is always subject to rebuttal. (b) Displaced Persons (Land Settlement) Act (XLVII of 1958)-------Ss. 10 & 11---Constitution of Pakistan (1973), Art. 185(3)---Allotment of evacuee property---Retention of disputed property on permanent basis--­Petitioners claimed to be in possession of the disputed property but the same was allotted to mother of the respondent---Petitioners filed application under Ss.10 & 11 of Displaced Persons (Land Settlement) Act, 1958 which was dismissed by the Settlement Authorities and the order of the Authorities was upheld by the High Court---Validity---Where according to Settlement Authorities land was never allotted in favour of the petitioner, the question of its retention on permanent basis did not arise---Forums below, had not committed any material irregularity or illegality in exercise of jurisdiction vested in them under the law and no evidence had been kept out of consideration, misread or misconstrued duly adduced by the parties---Leave to appeal was refused. (c) Constitution of Pakistan (1973)---------Art. 185(3)---Petition for leave to appeal---Additional evidence--­Contention by the petitioner was that various documents which could not be obtained earlier might be considered by Supreme Court for the reason that the same were never produced before the forums below---Validity---Supreme Court declined to consider the same. Shaukat Hussain Rizvi v. Yar Muhammad Khan PLD 1964 (W.P.) Lah. 469 distinguished. Ch. Afrasiab Khan, Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for Petitioner. Muhammad Munir Peracha, Advocate Supreme Court and M.A. Zaidi, Advocate-on-Record for Respondent No.2. Sardar Muhammad Siddique Khan, Advocate Supreme Court for Respondents Nos.3 to 6. Date of hearing: 13th November, 2000. ORDER JAVED IQBAL, J.---This petition for leave to appeal is directed against judgment dated 3-5-1999 passed by learned Division Bench of Lahore High Court, Rawalpindi Bench,…

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