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Civil Petition No. 714 of 1977, decided on 19th November, 1985.
(On appeal from the judgment, dated 7‑11‑1977 of the Lahore High Court, Lahore in R.S.A. No. 808 of 1977).
‑‑Art. 185(3)‑‑Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 25‑‑Jurisdiction of civil Court‑‑Bar to‑‑Civil suit challenging transfer of property under Settlement Scheme No. VII‑‑Civil Court, held, had no jurisdiction as Settlement Authorities had exclusive jurisdiction in such cases.
Malik Shaukat Ali, Advocate Supreme Court (absent), Ejaz Ahmad Khan, Advocate‑on‑Record for Petitioner.
Nemo for Respondent.
Date of hearing: 19th November, 1985.
‑The petitioner filed a suit to challenge the order of transfer of the property in question by the order, dated 3‑10‑1968 passed by Tehsildar Sheikhupura, exercising powers of the Assistant Settlement Commissioner (Land) under Settlement Scheme No. VII.
2. The Civil Court decreed the suit but, on appeal, the learned Additional District Judge held that the Civil Court had no jurisdiction in the matter and accepted the appeal. Then High Court agreed with the view of the learned Additional District Judge.
3. The view of the learned Additional District Judge and upheld by the High Court that the Settlement Authorities had exclusive jurisdiction in a case of this kind is plainly correct.
4. No ground for interference.
M.I. Petition dismissed
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