2007 YLR 2314 LAHORE-HIGH-COURT-LAHORE

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PUNJAB PROVINCE through Secretary to the Government of the Punjab, Food Department VS Sheikh ZIA-UD-DIN Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , Displaced Persons (Compensation and Rehabilitation) Act 1958--4 , Evacuee Property--TERM , Specific Relief Act 1877--42 , Suit for declaration--Term , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 42---Displaced Persons (Compensation and Rehabilitation) Act, (XXVIII of 1958), Ss.4 & 30---West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.13---Suit for declaration---Evacuee property---Allotment order passed in favour of defendant challenged by plaintiff in suit---Trial Court dismissed suit after finding allotment order as valid---Appellate Court dismissed plaintiff's appeal while observing that plaintiff was tenant under defendant, who could seek his eviction by invoking provisions of West Pakistan Urban Rent Restriction Ordinance, 1959---Validity---Chief Settlement Commissioner had passed allotment order pursuant to a remand order of Supreme Court---Validity of allotment order was examined by High Court in constitutional jurisdiction and finally by Supreme Court and was found to be valid---Plaintiff had never applied for transfer of suit property---Plaintiff had knowledge of allotment order and had acknowledged defendant as his landlord---Plaintiff by operation of law had become tenant of' defendant---Impugned judgments and decree were based on cogent evidence and correct appreciation of law and facts---High Court dismissed revision petition.