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MUHAMMAD AFZAL vs SHAHID IQBAL Ss — 2023 CLC 471 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2023 CLC 471 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2023
Reporter
CLC
Parties
MUHAMMAD AFZAL vs SHAHID IQBAL Ss
Subject matter
Civil
Provisions referred to
S. 41---E; S. 41

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD AFZAL VS SHAHID IQBAL Ss.22 & 25---Pakistan (Administration of Evacuee Property) Act (XII of 1957), S.41---Evacuee property---Civil Court, jurisdiction of---Fraudulent transaction---Concurrent findings of two Courts below---Dispute between the parties was with regard to evacuee land---Revenue hierarchy passed concurrent findings against petitioner declaring mutation in question as bogus / fictitious document---Validity---Parties were venturing to obtain evacuee land and any dispute regarding such property / land could only be adjudicated or settled exclusively at the forum of Settlement Department---Civil Court had no jurisdiction to intrude into the jurisdictional realm of revenue department under S.41 of Pakistan (Administration of Evacuee Property) Act, 1957 and Displaced Persons (Land Settlement) Act, 1958---Even if Civil Court had passed any decree that was without jurisdiction and nullity in the eyes of law or void ab initio and same was in-executable---Both the parties failed to prove title of that person from whom they allegedly derived their title---High Court directed Settlement Authorities to retrieve possession of land in question---Constitutional petition was dismissed accordingly.

Other judgments reported in 2023 CLC

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