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AHMAD KHAN versus SUBEDAR ABDUR REHMAN THROUGH L. RS.


Section 42 Displaced Persons (Land Settlement) Act (XLVII of 1958); Sections 22 and 25 of the Pakistan Administration for Associal Property Act (XII of 1957), Section 41 Civil Procedure Code (v. 1908), Section 9 suit The plaintiff in the jurisdiction to vacate the declaration on the basis that the suit is vacant property and was allotted by the rehabilitation and settlement authorities and the plaintiff was not in possession of the property under the document. Based on the evidence, the two courts concluded that the rehabilitation authorities permanently transferred the property to the defendant in the dispute. The property was already in place. The vacancy has not been settled so the courts did not have jurisdiction. The courts did not consider every aspect involved in the matter, appreciated the record in its original context and reached appropriate conclusions, which were forwarded to the High Court. Was not open for exception to second. Appeal

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