MUHAMMAD SHARIF Versus MUHAMMAD AHSAN KHAN

ORDER

1. NASIM HASAN SHAH, J.- -The question whether an association deed executed between the contesting parties was a valid and subsisting instrument or it stood vitiated by fraud and could not, therefore, be enforced in law, as held by the Deputy Settlement Commissioner in his order dated 28-7-1980, was raised before the High Court in its writ jurisdiction.

2. The learned Judge of the High Court held that the order of the Deputy Settlement Commissioner dated 28-7-1980 was bad in law as he had no jurisdiction to decide the matter on the date on which he passed his order (namely on 28-7-1980) since his powers in the relevant respect stood withdrawn before that date. It was also held that after the repeal of the Evacuee Laws the Deputy Settlement Commissioner, in any case, had no jurisdiction to re-open the case and accord a declaration on a miscellaneous application moved before him in 1978. The above determination of the High Court is challenged by this petition for leave to appeal.

3. We have heard the learned counsel for the petitioner at great length and agree with the High Court that the Deputy Settlement Commissioner's order dated 28-7-1980 was not a valid and proper order in the eye of law and the dispute raised before him could, at this stage, be settled only by approaching the Civil Court.

4. No ground for interference with the order of the High Court is made out. This petition, therefore, fails and is dismissed accordingly.

5. S . Q . / M-267/ S Petition dismissed.