MUNIR A. SHEIKH, J.-- This petition has arisen from declaratory suit filed by the petitioners that they were owners of two rooms in the house in dispute which being evacuee property was transferred by the Settlement Department to Abdul Ghaffar, respondent No 1. Abdul Ghaffar and Abdul Jabber are real brothers and Mst. Jameela, deceased predecessor-ininterest of the present petitioners was their sister. According to the petitioners, this house was transferred against the claim of the property which was left in India by Abdul Karim, father of respondents Nos. 1 and 2 and Mst.
Jameela, therefore, Mst. Jameela had also become owner therein to the extent of her lawful share in the inheritance, as such, she was the owner of two rooms in the house. A PTD in this case was issued by the Settlement Department in favour of Abdul Ghaffar before the repeal of the Settlement Laws against which the petitioners filed appeal before the Additional Settlement Commissioner alleging that the claim against which this property was transferred was in respect of the property left by Abdul Karim, predecessor in-interest of the parties, therefore, she (Mst. Jameela) was also the owner of the property, as such, the PTD should be amended accordingly. This appeal was admittedly, dismissed against which revision petition filed before the Settlement Commissioner too was dismissed. No further challenge was made to these orders, as such, they became final under Section 25 of the Displaced Persons (C&R) Act, 1958, and were immune from challenge before a Civil Court as the jurisdiction of the Civil Court in such matters was barred.
2. The respondents filed an ejectment petition against the petitioners seeking their eviction from the said two rooms which was contested by them (petitioners) on the same ground. The ejectment petition was accepted against which appeal filed by the petitioners was dismissed by the first Appellate Court. They approached the High Court through regular second appeal which too was dismissed. This Court was approached through civil petition for leave to appeal which was also dismissed. After having failed, the petitioners thereafter filed the present suit.
3. The Courts below have held that the PTD in dispute in favour of Abdul Ghaffar was issued under the Settlement Laws, therefore, the petitioners could not claim title in the property on any ground.
Even otherwise, we are also of the view that after having failed to get the PTD amended under the Settlement Laws in appeal or revision, the petitioners could not reopen the case before the Civil Court as the jurisdiction of the Civil Court under the laws as they then stood was barred.
4. The judgments passed by the Courts below do not suffer from any illegality, therefore, this petition has no merits which is accordingly dismissed and leave refused. .