Law:

Section:

(a) Pakistan (Administration of Evacuee Property) Act (XII of 1957)----- ---Ss. 22 & 41---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted by Supreme Court to consider; whether the declaratory suit instituted by the plaintiff seeking declaration that the suit property was not evacuee property was not competent in view of the provisions of Ss. 22 & 41 of Pakistan (Administration of Evacuee Property) Act, 1957. (b) Pakistan (Administration of Evacuee Property) Act (XII of 1957)--- ----Ss. 22 & 41---Specific Relief Act (1 of 1877), S. 42---Declaratory suit--­Evacuee property---Suit property was Muslim property and the same was wrongly allotted by Settlement Authorities considering the same as evacuee non-Muslim property---Plaintiff assailed the order of the Settlement Authorities in civil suit which was returned by the Trial Court keeping in view the provisions of Ss. 22 & 41 of Pakistan (Administration of Evacuee Property) Act, 1957, and appeal before Lower Appellate Court was dismissed--- High -Court in exercise of appellate jurisdiction allowed the appeal and set aside the order passed by the Settlement Authorities--­Validity---Where the allotment order passed by the Settlement Authorities was not proper and was without jurisdiction, applicability of Ss. 22 & 41 of Pakistan (Administration of Evacuee Property) Act, 1957, did not arise--­Order of the Settlement Authorities allotting the suit property as evacuee property in favour of the defendant was without lawful authority and the same was rightly struck down by the High Court---Judgment of High Court was based on proper appreciation of evidence as well as Evacuee/Settlement Laws and was in consonance with the rules laid down by Supreme Court--­No material irregularity or jurisdictional error in the judgment of High Court was noticed and the same did not call for interference- by Supreme Court. Azam Ali and others v. Custodian of Evacuee Property PLD 1968 Lah. 148: Isab Khan and another v. Muhammad Sher and 2 others PLD 1975 Lah. 833; Mst. Munira Bibi and 7 others v. Member, Board of Revenue. Balochistan and 8 others PLD 1978 Quetta 121; Abdul Khaliq-Abdul Razzaq…

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