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1991 SCMR 552

MUHAMMAD ASLAM
V/S
ABDUL HAMID
Articles 143 & 185(3) — Punjab Muslim Personal Law (Shariat) Application (Removal of Difficulties) Act (XXV of 1975) Sections 2 & 3 — Leave to appeal was granted to examine the questions that Section 2 of the Act had purported to reopen the orders passed by the Rehabilitation Authorities which had attained finality under the Central laws made for the rehabilitation and settlement of the refugees and the Schemes made thereunder and Punjab Muslim Personal Law (Shariat) Application (Removal of Difficulties) Act, 1975 was ultra vires and hit by the provsiions contained in Article 143 of the Constitution, that in so far as Section 3 of the said Act enabled the contenders to move the relevant Authorities appointed thereunder, its provisons were repugnant to the Evacuee Property and Displaced Persons Laws (Repeal) Ordinance, 1974 as the orders passed thereunder had attained finality by virtue of Section 6,
General Clause Act, 1897 and could not be reopened in this manner in contravention of the provisions contained in Article 143, Constitution of Pakistan that the said Act by permitting the adjudication upon private rights of the parties constituted an unauthorised encroachment upon the judicial filed and therefore, suffered from Constitutional invalidity, that persons having acquired rights in the land in dispute on the hypothesis that the widow was a full owner their entitlement stood clinched by efflux of time under the Limitation Act, 1908 which was a Central Statute and this could not have been undone by the said Act of 1975 and that the said Act also enabled the alienation in favour of bonafide purchasers for valuable consideration to be challenged being a conflict with the provisions contained in Section 41, Transfer of Property Act, 1882 and other cognate matters forming the subject-matter of the Central Statutes. [1992 SCMR 552]

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