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Civil Petition for Special Leave to Appeal No. 853 of 1979, decided on 3^rd May, 1983.

(On appeal from the judgment of Lahore High Court dated 4‑7‑1979 in Regular Second Appeal No. 683 of 1977).

---Art. 185(3) read with Displaced Persons (Land Settlement) Act (XLVII of 1958)‑‑Transfer of land‑‑Leave to appeal‑‑‑Granted to examine (i) whether Civil Court possessed jurisdiction to try subject‑matter of suit relating to transfer of land under Act and (ii) whether High Court could, instead of remanding case for proper trial and decision, decide and decree suit itself.

Abid Hussain Minto, Advocate and Sh. Masud Akhtar Advocate‑on -Record for petitioner.

Nemo for Respondents.

Date of hearing : 3rd May, 1983.

‑After hearing the learned counsel we consider it a fit case for grant of leave‑ to appeal for examination of the following two questions :‑

(1) Whether the Civil Court had jurisdiction to try the subject‑matter o the suit in question, which related to the transfer of the property under Land Settlement Law 7 and

(2) Whether in case the civil Court has jurisdiction, the High Court should have, instead of remanding, the case for proper trial and decision by the learned trial Court (the plaint was rejected in this under order VII, rule 11), decided it itself, decreeing the suit in favour of the respondent

Order accordingly. Security Rs. 2,500.

The appeal shall be prepared for hearing within two months on the present record with liberty to the parties to file additional documents, if necessary,

S. Q. Leave granted.

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