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Civil Revision No. 514 of 1972, decided on 30th March, 1980.

(a) Civil Procedure Code (V of 1908)----

----S. 9 & O. VII, r. 10‑Jurisdiction‑‑Declaratory suits‑Whether civil Courts have jurisdiction to try suit‑‑‑Averments in plaint alone without reference to defence to be considered for decision of question.‑ [Jurisdiction‑Plaint].

Mst. Zainab v. Fazal Dad P L D 1966 Lah. 1050 rel.

(b) Rehabilitation Settlement Scheme, 1956‑---

‑‑ Para. 14, Part I‑Transfer of land by allottees ‑‑Settlement fee not paid‑Allotted property still in compensation pool‑Transactions relating to such property. held, void and to be ignored‑Displaced Persons (Land Settlement) Act (XLVII of 1958), S. 6.

Mst. Habib Khatoon v. Sardar Muhammad P L D 1970 S C 162 ref.

(c) Civil Procedure Code (V of 1908)---

-----S. 9‑Declaratory suits‑Civil Court‑Jurisdiction‑Averments in plaint challenging no order of Settlement Authority‑Jurisdiction of civil Courts, held, not barred.‑[Jurisdiction].

MR. Ghulam Fatima v. Muhammad Hussain P L D 1976 S C 729 rel.

Mst. Sughran v. Rehmat Ali P L D 1965 Lah. 580 distinguished.

(d) Rehabilitation Settlement Scheme, 1956‑---

-‑‑ Para. 14 read with Limitation Act (IX of 1908), Arts. 144, 91 & 120‑Declaratory suits‑Limitation for‑Sale of land made before permanent settlement and therefore void‑Petitioners pursuing remedies before Settlement Commissioner/Board of Revenue‑Suit instituted within 12 years of such sale and within 3 years of last order passed by Board of Revenue, held, governed by Art. 144‑Suit, held further, still within limitation if Art. 120 made applicable alternatively.

Abdur Rahman v. Abdul Hag P L D 1960 Kar. 625 ; F. A. Khan v. Government of Pakistan P L D 1964 S C 520 and Jumman Khan v. Muhammad Khan 1975 S C M R 289 rel.

Ch. Qadir Bakhsh for Petitioner.

Ch. Hamiduddin for Respondents.

Date of hearing ; 15th March, 1580.

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