Law: Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975

Section: 2(2),2

Law: Constitution of Pakistan, 1973

Section: 185(3),199

Law: Displaced Persons (Compensation and Rehabilitation) Act, 1958

Section: 10,11

Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975)--- ----S. 2(2)---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Fraudulent transactions---Pending proceedings---Notified Officer, jurisdiction of---Past and closed transaction---Property in question was purchased by petitioners in year, 1969, from the person in whose favour it had been permanently transferred---Respondents in year, 2009 filed an application before Member Board of Revenue as Chief Settlement Commissioner alleging that initial allotment of property in question was fraudulent---Plea raised by petitioner was that after repeal of evacuee laws in year, 1975, entire Settlement Department including Chief Settlement Commissioner, was abolished and it was only for the pending cases the Notified Officer had jurisdiction to render his decision---Contention of respondent was that as fraud was committed before Settlement Authorities, therefore, only Chief Settlement Commissioner had inherent power to set aside the transfer order---Validity---Office/officers appointed under S.2(2) of Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975, did not enjoy any power as Chief Settlement Commissioner but could only act as Notified Officer, therefore, cognizance in the matter and exercise of power on account of that was without lawful authority---Settlement Department including Chief Settlement Commissioner after repeal of evacuee laws had been rendered functus officio to consider any question relating to any allotment / transfer of evacuee property, which had been made under settlement laws when those were in force and prevailing---Settlement Authorities did not have any authority to reopen a case in years 2008/2009, regarding transfer made before year, 1969, as the matter was duly and squarely covered by the rule of past and closed transaction---Notified Officer could only proceed in pending proceedings---Principle that same forum on which fraud had been practised had inherent jurisdiction to set aside the same was applicable where that forum existed---When law had absolved the forum, then that forum could not exercise any jurisdiction being a non est inventus and…

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