Law:

Section:

(a) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)-------S. 10---Allotment of land in favour of refugee from Azad Jammu and Kashmir as maintenance allowance for his and other family members---Effect---Land once allotted for such purpose would go out of compensation pool and vest' exclusively in the Ministry for Azad Jammu and Kashmir---Any allotment made by Settlement Authorities treating such land to be an evacuee property would be without jurisdiction, void and of no legal effect. (b) Specific Relief Act (I of 1877)--- ----S. 42---Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S.10---Suit for declaration---Allotment of land in favour of refugee from Azad Jammu and Kashmir as maintenance allowance for his and other family members---Subsequent transfer of such land by Settlement Authority in favour of defendant against his claim---Suit by wife of refugee challenging subsequent transfer in favour of defendant---Maintainability---Wife of refugee was not co-allottee---Such rights of refugee were not heritable---Refugee, despite being aware of subsequent allotment, had not challenged same during his life time---Wife of refugee had no locus standi and cause of action to challenge subsequent allotment in favour of defendant. Ghulam Muhammad and another v. Ahmad Khan and another PLD 1991 SC 391; Jan Muhammad and others v. Sher Muhammad and another PLD 1979 SC 985; Mst. Sakina Bibi and another v. Mamla and 2 others PLD 1977 Lah. 202; Allah Rakhi v. Sughra Bibi and others 1986 CLC 2095 and Muhammad Bakhsh v. Ellahi Bukhsh and others 2003 SCMR 286 ref. Allah Rakhi v. Sughra Bibi and others 1986 CLC 2095 and Abdul Haq and another v. Mst. Surrya Begum and others 2002 SCMR 1330 rel. (c) Void order--- ----Challenge to---Limitation---Duty of affected party was to bring an action within prescribed period of limitation after attaining knowledge of a void order---Affected party, despite attaining knowledge ' of a void order, if had not challenged same within prescribed period of limitation, then he could not take refuge under the principle that void order would not carry any sanction of limitation---Principles. Muhammad Raz…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492