Law:

Section:

(a) Pakistan (Administration of Evacuee Property) Act (XII of 1957)------S. 22---Displaced Persons (Land Settlement) Act (XLVII of 1958), Ss.22, 25 & 4---Evacuee Property----Treatment of the property was a pre requisite for bringing into the compass of jurisdiction of the Custodian and thereafter by Settlement Authorities, to deal with any land or property as an evacuee---If a property was not treated as an evacuee property before 1-1-1957, then that property could not be treated as an evacuee property thereafter---Allottees, in the present case, had failed to bring on record any evidence that property in question was ever treated by the Custodian/Settlement Authorities before 1-1-1957 as an evacuee property; revenue record 'had also .not supported that the property was ever treated as an evacuee property and entries in revenue record in the form of Jamabandis had clearly displayed that the land in dispute was considered and treated in the ownership of non-evacuee owner---Land in question having not been treated as evacuee property and having not been shown in special Jamabandis as such and having not been acquired into compensation pool, could not have been allotted to any refugee claimant or non claimant---Principles. Muhammad Khan and others v. The Chief Settlement and Rehabilitation Commissioner, West Pakistan and Shamsul Haq Khan PLD 1962 SC 284; Samar Gul v Central Government and others PLD 1986 SC 35; Muhammad Hanif and another v. Ghulam Rasool through L.Rs. and others 2005 SCMR 1004; Muhammad Sarwar and 5 others v. Muhammad Ali and 18 others 2002 SCMR- 829; Ghulam Muhammad and others v. Custodian Evacuee Property Punjab (West Pakistan) Lahore and another 1992 SCMR 120; Muhammad Din and 8 others v. Province of the Punjab through Collector and others PLD 2003 Lah. 441.; Khuda Bux Bhango v. Settlement Commissioner (Land) and others 1987 MLD 2350 and Abdul Khaliq Abdur Razzaq v. Kishan Chand and others PLD 1964 SC 74 ref. (b) Pakistan (Administration of Evacuee Property) Act (XII of 1957)--- ----S. 22---Displaced Persons (Land Settlement) Act (XLVII of 1958), Ss.22, 25 & 4---No order of treatment of the land in dispute as an evacuee was ever passed…

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