Law:

Section:

(a) Specific Relief Act (I of 1877)----Ss. 42 & 54---Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), Ss.3,22,25, Sched, Para.III(13) & (14)---Pakistan (Administration of Evacuee Property) Act (XII of 1957), Ss.2(3), 3(2), 7 to 10, 22 & 41---Pakistan Rehabilitation Act (XLII of 1956), S.2(4)---Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975), Ss.2(2)---Civil Procedure Code (V of 1908), O.VI, Rr. 2 & 10---Limitation Act (IX of 1908), Art.120---Suit for declaration and injunction---Evacuee urban plot (building site)---Issuance of P.T.O. and P.T.D. by Settlement Department in favour of defendant's predecessor after purchasing suit plot through public auction---Fact of defendant being in possession of suit plot since its purchase from his predecessor confirmed by consent decree---Plaintiff claimed to be owner of suit plot alleging same to be Muslim owned property belonging to his predecessor---Filing of suit by plaintiff after 19 year from consent decree and 24 years from date of P.T.O. without praying for possession of suit plot and challenging consent decree, auction of suit plot and issuance of P.T.O./P.T.D. in favour of defendant's predecessor---Validity---Plaintiff in his pleadings had not challenged with clear and specific objections treatment of suit plot by Settlement Department as evacuee property and its auction and allotment in favour of defendant's predecessor---Documents produced in evidence by defendant showing auction of suit plot as evacuee property, payment of its price by his predecessor through compensation book and passing of consent decree confirming its sale in his favour by his predecessor were neither objected to by plaintiff nor had he prayed for declaring same to be null and void---Plaintiff had not clearly shown in his pleadings how the fraud was committed or how such documents were fake or fraudulent---Documentary evidence produced by defendant consisting of official record of Settlement Department and Civil Court during the period expanding from year 1961 to 1972, could not be shown to be based on fraud or fake in nature---Plaintiff and/or his predecessor had not got…

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