2014 PLP 927 (CLC)
GHULAM ABBAS and others — Appellants Versus MUHAMMAD HUSSAIN and others — Respondents
| Citation | 2014 PLP 927 (CLC) |
| Forum / Court | Board of Revenue Punjab |
| Bench Members | N/A |
| Parties | GHULAM ABBAS and others — Appellants Versus MUHAMMAD HUSSAIN and others — Respondents |
| Primary Law | Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975) |
Q1: What are the key laws and sections cited in 2014 PLP 927 (CLC)?
This judgment primarily cites: Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2014 PLP 927 (CLC)?
The case was heard and decided by the Board of Revenue Punjab bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2014 PLP 927 (CLC) (GHULAM ABBAS and others — Appellants Versus MUHAMMAD HUSSAIN and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
S. 2(2)
Judgment passed by Civil Judge
Petitioner sought allotment of land to him on the basis of judgment dated 30-9-2013, passed by Civil Judge
Case of petitioner did not fall within the purview of "pending proceedings" nor it was remanded by High Court or Supreme Court
Notified officer, under S.2(2) of Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975, could take cognizance of a matter, which was either pending before him or was remanded to him by High Court or Supreme Court
Application was dismissed in circumstances.
Judgment & Decree
WAHEED AKHTAR ANSARI, MEMBER (JUDICIAL-III).
Learned counsel presented an application with the following title/subject:
"Application for implementation of judgment dated 30-9-2013 passed by Mr. Mudassar Farid Khokhar, learned Civil Judge, 1st Class, Lahore and allotment of land to the petitioners according to Judgment dated 30-9-2013". It is noted that no provision of law has been mentioned under which the said application has been filed. Learned counsel for the appellant was required to argue the maintainability of his application in the light of section 2(2) of the Evacuee Properties and Displaced Persons Laws (Repeal) Act No.XIV 1975, who responded that he is appearing in this court in pursuance of order of learned Civil Judge passed vide order dated 30-9-2013.
2. It is pertinent to mention here that the undersigned has been notified as Notified Officer under subsection (2) of section 2 of Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975, which reads as under:
"Upon the repeal of the aforesaid Acts and Regulations, all proceedings, which immediately before such repeal, may be pending before the authorities appointed thereunder shall stand transferred for final disposal to such officers as may be notified by the Provincial Government in the official Gazette and all cases decided by the Supreme Court or a High Court after such repeal which would have been remanded to any such authority in the absence of such repeal shall be remanded to the officers notified as aforesaid."
3. From the perusal of the application, it is established that neither the case falls within the purview of pending proceedings nor remanded by the Hon'ble High Court or august Supreme Court of Pakistan. The dictum laid down in a judgment reported as 2011 MLD 196, is fully applicable in this case, wherein it was held that under section 2(2) of the Repeal Act, the Notified Officer may take cognizance of a matter, which was either pending before him or was remanded to him by the High Court and Supreme Court. In view of the above, the application is dismissed being not maintainable. The case file shall be consigned to the record room after its due compilation/page marking. MH/8/Rev. Application dismissed.