JAN MUHAMMAD versus AMIR
Special Relief Act 1877 Section 42 Civil Procedure Code (v. 1908), Section 9 West Pakistan Rehabilitation and Settlement Scheme, 1956, Para 31 Administration for Vacant Property Act (XII of 1957), Section 3 Homeless Persons (Land Settlement) Act (XLVII) (1958), Article 4 Land Settlement Manual, paragraph 173, for the jurisdiction of the respondents of the civil court, the suit challenged the transfer of suit land in favor of the applicants through the settlement authorities, which the respondents already occupied. Appellate Court dismisses the petitioners' appeal by holding that the trial court ruled that the case was dismissed. It was held that the civil court had no jurisdiction as the matter falls under the jurisdiction of the Pakistan Property Administration under the Associative Property Act 1957 and the Homeless Persons (Land Settlement) Act 1958. The Civil Court may determine that the Settlement Authorities had the jurisdiction to transfer suit land in favor of the applicants of Para 31 of the West Pakistan Rehabilitation and Settlement Scheme, 1956, through the Settlement Departments. Transfer of land occupied by has been banned on the basis of the records found that the respondents were \ Settadkar Set and had possession of the suit land by the settlement authorities in favor of the applicant. The transfer was invalid, which was heard by both the courts below the High Court. Or.
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