| Citation(s) |
|---|
| 2002 SLG 1254 2002 SLD 1254 2002 SCMR 829 |
Supreme Court of Pakistan
Civil Appeal No. 145 of 1995, decision dated: 6-02-2002.hearing DATE : 24-01-2002.(On appeal from the judgment of Lahore High Court, Multan Bench, dated 13-5-1993 passed in C.R. No. 74-D of 1983)
SH. RIAZ AHMED AND MUHAMMAD NAWAZ ABBASI, JJ
M.S. Baqir, Advocate Supreme Court with Ch. Mehdi Khan Mehtab, Advocate-on-Record (absent) for Appellants. Malik M. Sharif, Advocate Supreme Court with Imtiaz Muhammad Khan, Advocate-on-Record for
Respondents
Civil Appeal No. 145 of 1995, decision dated: 6-02-2002.hearing DATE : 24-01-2002.(On appeal from the judgment of Lahore High Court, Multan Bench, dated 13-5-1993 passed in C.R. No. 74-D of 1983)
SH. RIAZ AHMED AND MUHAMMAD NAWAZ ABBASI, JJ
M.S. Baqir, Advocate Supreme Court with Ch. Mehdi Khan Mehtab, Advocate-on-Record (absent) for Appellants. Malik M. Sharif, Advocate Supreme Court with Imtiaz Muhammad Khan, Advocate-on-Record for
Respondents
MUHAMMAD SARWAR and 5 others
VS
MUHAMMAD ALI and 18 others
Law:
Section:
(a) Displaced Persons (Land Settlement) Act (XLVII of 1958)---Ss. 22 & 25--Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted by Supreme Court to consider, whether the order treating the land as agricultural land had attained finality under the Settlement Laws and was not open to challenge in the Civil Courts and whether the High Court was not right in remanding the case to the Appellate Court on the ground that the Appellate Court's and decree were vitiated on account of non-reading of documentary evidence without indicating as to which particular documentary evidence had not been read. (b) Displaced Persons (Land Settlement) Act (XLVII of 1958)-- ----S. 2(3)---West Pakistan Rehabilitation and Settlement Scheme, 1956--Land---Nature---Determination---Special Jamabandi---Object---Use of land actually determines the nature of property---Special Jamabandi prepared for the purpose is relevant to determine the character of the land and subsequent entries in the Revenue Record neither help in this regard nor affect the Jurisdiction of Settlement Authorities to deal with the land under Displaced Persons (Land Settlement) Act 1958. (c) Displaced Persons (Land Settlement) Act (XLVII of 1958)--- ----Ss. 22 & 25---Civil Court---Jurisdiction---Order passed by Settlement Authorities under the provisions of Displaced Persons (Land Settlement) Act, 1958, attains finality if the same is not challenged in the hierarchy and the Civil Court has no jurisdiction either to determine the character of property under the law or entitlement of a person for allotment on account of the statutory bar---Civil Courts are not competent to entertain the suit involving disputes of title relating to the evacuee property. Abdul Hakim v. Muhammad Azam Khan 1991 SCMR 1976); Faizuddin Ahmad v. Muhammad Yousaf 1988 SCMR 1289; Qamar Zaman v. Ejazi Begum 1997 MLD 2408 and Zafarul Hassan v. Muhammad Kalim 1993 SCMR 2028 ref. (d) Displaced Persons (Land Settlement) Act (XLVII of 1958)--- ----Ss. 22 & 25---Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975), S.2---Allotment of evacuee property---Jurisdiction of Civil Court---Allotment was trade in…
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