Law:

Section:

Specific Relief Act (I of 1877)----S. 42---Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975), Ss.2 & 3---Suit for declaration---Evacuee property consisted of shop on ground floor and house on upper floor---Settlement Department transferred house to plaintiff in year 1973 through PTD while shop was transferred to defendant---Plaintiff filed suit in year 1984 for declaring him owner of roof of shop for being part of his house and in his use as courtyard---Suit decreed by Trial Court was dismissed by Appellate Court and High Court---Validity---No evidence was available on record to show that roof of shop was declared by Settlement Department as courtyard of plaintiff's house---Plaintiff instead of taking matter with Settlement Department at relevant time or at any subsequent stage had filed suit seeking indirectly relief of modification of PTD from civil court after repeal of Evacuee Laws---Supreme Court dismissed petition is circumstances. Nazir and others v. Syed Israr Ahmad and others 1981 SCMR 829 ref. JUDGMENT MUHAMMAD NAWAZ ABBASI, J.--- This petition under Article 185(3) of the Constitution of Islamic Republic of Pakistan has been preferred at the judgment dated 2-11-2000 passed by a learned Judge in Chambers in the Lahore High Court, Lahore, in a civil revision arising out of a civil suit. 2. The dispute between the parties relates to an evacuee property consisting upon a residential portion and a shop. Mirza Inayat Baig, the predecessor-in-interest of the petitioners was transferred residential portion whereas the shop underneath was transferred to the respondent by the Settlement Department. The claim of the petitioners in the suit was that the roof of the shop was part of the residential portion which was transferred to their predecessor-in-interest and was being used by them as courtyard of their house. The suit was resisted by the respondent in which ultimately a decree was passed by the learned Trial Judge which was reversed by the learned Additional District Judge and the appeal filed by the respondent against the judgment of the Appellate Court was…

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