Law:

Section:

(a) Displaced Persons (Land Settlement) Act (XLVII of 1958)-------S. 4---West Pakistan Rehabilitation and Settlement Scheme, 1956, paras. 4-A and 31, cl.(ix)---Punjab Tenancy Act (XVI of 1887), S.114--­Civil Procedure Code (V of 1908), S.9 and O.II, R.2---Specific Relief Act (I of 1877), S.42---Conferment of ownership rights on petitioners' predecessor in year 1952 in respect of land, over which he was earlier occupancy tenant under non-Muslim landlord---Respondent got allotment of such land in year 1962 as claimant displaced persons, when same was not part of compensation pool and could not be treated as evacuee--­Petitioners' predecessor filed suit against respondents confining his claim only to 1/6th share in produce, but did not agitate against allotment--­Such suit was withdrawn later on with permission to file fresh suit--­Petitioners challenged original allotment in favour of respondents by filing suit for declaration in year 1980---Trial Court dismissed the suit, which was upheld by the Appellate Court---Validity---Allotment in favour of respondents was invalid---Petitioners having full knowledge about such allotment had not challenged same by asserting their ownership right at appropriate time before proper forum under evacuee laws---Petitioners had not filed fresh suit till 1980---Petitioners were not permitted to sleep over their right and to choose their own time and form for challenging allotment on the ground that same was void and thus no limitation would run against them---Suit was barred by time---Order II. R.2. C.P.C. would also be applicable to the present case precluding petitioners to claim relief relinquished voluntarily by their predecessor--­Where jurisdiction of Civil Court was expressly barred under special law, after repeal of such law civil Court would have no jurisdiction, even if orders were without jurisdiction---Judgments of Courts below was not suffering from any error warranting interference in revisional jurisdiction---High Court dismissed revision petition in circumstances. PLD 1995 Lah. 462; 2000 CLC 1651: PLD 1974 SC 193; Civil Appeals Nos.323 to 326 of 1983; PLD 1993 SC 147 and 2001 SCMR 1062 ref. (b) Civil Procedure Code…

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