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

Section: 2(2)

Law: Civil Procedure Code (V of 1908)

Section: 9

Law: Constitution of Pakistan, 1973

Section: 199

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

Section: 10Sched

[Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975)].....S 2(2)---Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S.10 & Sched.---Permanent Transfer (Houses and Shops) Rules, 1961, R.4---Civil Procedure Code (V of 1908), S.9--­Constitution of Pakistan (1973), Art.199--­Constitutional petition---Demarcation of property after issuance of P.T.D:--­Jurisdiction of Settlement Authorities--­Scope ---Petitioner was transferred property on the basis of possession----Respondent purchased property in open auction, but was not sure as to which property was transferred to him---Notified Officer in post remand proceedings had failed to locate petitioner's property before giving finding that property in possession of petitioner was property purchased by respondent in open auction--­Notified Officer had relied on record of Municipal Corporation and Excise and Taxation Department, but had not considered survey rules framed by the Department--­Properties claimed by parties after issuance of P. T. D. in their favour had gone out of compensation pool---Settlement Authorities thus had become functus officio to determine and demarcate property except to the extent provided in P.T.D. or Rules---Since Displaced Persons (Compensation and Rehabilitation) Act, 1958 had been repealed, High Court deemed it appropriate to give an opportunity to both the parties to prove their case by producing evidence before Civil Court, which was the ultimate Court of jurisdiction---High Court accepted Constitutional petition and set aside impugned order with observation that parties might approach Civil Court for determination of their rights qua disputed property. Siraj Din and others v. Amanullah Qureshi and another PLD 1980 SC 1; Anwar Hussain Sani v. Sarfraz Ahmad and others PLD 1971 SC 669; Abdul Hamid v. Gulab Khan 1981 SCMR 188; Abdul Haq v. Mst. Mustajaba Bano and others 1982 SCMR 1103 and Muhammad Bashir's case 1987 SCMR 999 ref. (b) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)--- ----S.10 & Sched.---Permanent Transfer (Houses and Shops) Rules, 1961, Rr.4, 6 & 7---Demarcation of property---Jurisdiction of…

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