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DIL MUHAMMAD versus CUSTODIAN EVACUEE PROPERTY


Section 42 illegal jurisdictional decisions which the tribunals brought to the tribunals in the performance of their affairs not without legal authority, in the case of cases, no patent can be taken illegally, which is a record. ?

1981 C L C 319

[Azad J & K]

Before Sardar Muhammad Sharif Khan, Actg. C. J. and Sardar Said

Muhammad Khan, J

DIL MUHAMMAD‑Petitioner

versus

CUSTODIAN, EVACUEE 'PROPERTY AND OTHERS‑Non‑Petitioners

Writ Petition No. 33 of 1979, decided on 10th December, 1980.

(a) Registration Act (XVI of 1908)‑

S. 17‑Document, registration of‑Petitioner producing purchase receipt and khasra girdawari to prove entitlement of land‑Value of land being more than Rs. 100 and document not duly registered, held, entries in khasra girdawari no worth in circumstances of case.

(b) Azad Jammu & Kashmir Interim Constitution Act (VIII of 1974)‑

‑ S. 42‑Extraordinary jurisdiction‑Decisions given by Tribunals not without lawful authority‑Matter brought before Tribunals disposed of in performance of their functions‑No illegality patent on face of record committed‑Extraordinary jurisdiction, held, cannot be invoked in circumstances of case.

(c) Azad Jammu & Kashmir Interim Constitution Act (VIII of 1974)‑

‑ S. 42‑Writ jurisdiction‑Remedy by way of revision not availed ‑of‑Discretion in favour of petitioners, held, cannot be exercised in circumstances of case.‑[Revision civil)].,

Riaz Akhtar for Petitioners.

Date of institution . 8th December, 1979.

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