2004 PLP 1413 (SCMR)

JAVED IQBAL, J.

After having heard Mian Fazal Mahmood learned Senior Advocate Supreme Court on behalf of petitioners, and Mr. A. Karim Malik, learned Senior Advocate Supreme Court, Mr. Tahir Munir Malik, learned Advocate Supreme Court, Mr. Ihsanul Haq Chaudhry, learned Advocate Supreme Court for respondents, scanning the entire record and perusing the judgment impugned, we are inclined to grant leave to in the above captioned petitions, inter alia, on the following points:-- (i) Whether the judgment impugned is in accordance with law as laid down in Nawab Sayed Raunaq Ali v. Chief Settlement Commissioner PLD 1973 SC 236, Majidullah Khan v. N.-W.F.P. 1980. SCMR 728, Barkat Ali v. Bashir Ahmad 1980 SCMR 731, Yousuf Ali v. Muhammad Aslam Zia PLD 1958 SC (Pak.) 104, Faqir Muhammad Punjabi v. Federation of Pakistan PLD 1958 SC (Pak.) 118, Muhammad Tufail v. Abdul Ghafoor PLD 1958 SC (Pak.) 201, Atta A Muhammad Qureshi v. Settlement Commissioner PLD 1971 SC 61, Muhammad Ramzan v. Member (Rev) CSS 1997 SCMR 1 1635. (ii) Whether the provisions as contained in sections 2, 3 and 4 of the Evacuee Property and Displaced Persons (Repeal) Act, 1975 have been misconstrued and misinterpreted qua the determination of jurisdiction of forum concerned in the hierarchy of Settlement laws in view of verification of claim and completion of necessary formalities in the Province of Sindh whereas the property in question is located in the Province of Punjab. (iii) Whether the, principles as embodied in section 52 of the Transfer of Property Act, 1882, would have some bearing on the fate of the case. (iv) Whether the remand order passed in Writ Petition No.521-R of 1966, dated 8-11-1973 has been complied with substantially by Officer authorized under section 2(2) of the Evacuee Property and Displaced Persons (Repeal) Act, 1975 Additional Settlement Commissioner (Ind. Rural) Central Settlement Cell, Board of Revenue Sindh (Hyderabad). (v) Whether the judgment, dated 8-11-1973 passed in Writ Petition No. 521-R of 1966 can be considered as judgment in Rem or in Personam. (vi) Whether the Additional Settlement Commissioner (Ind. Rural) Central Settlement Cell, Board of Revenue Sindh (Hyderabad) had no jurisdiction qua the subject-matter while passing order, dated 29-5-1976 in view of the notification, dated 8-5-1976 issued under subsection (2) of section 2 of the Evacuee Property; and Displaced Persons (Repeal) Act, 1975 by the Governor of Punjab whereby Muhammad Siddique Chaudhry, Member Board of Revenue Punjab as Chief Settlement Commissioner, Rehabilitation Commissioner and Claim Commissioner for the Province of Punjab for the disposal of pending proceedings under the Repeal Laws. (vii) Whether the petitioner being a vendee had any locus standi to challenge the cancellation of entitlement certificate of Shahabuddin. The above petitions are converted into appeals which may be fixed at some early date in view of the chequered history of the case and prolonged litigation. The Status quo shall maintain till decision of the appeals. M.H./M-113/S Leave granted,