Law:

Section:

Punjab Tenancy Amendment Act, 1952-- ----Ss. 114 & 2--Evacuee Property and Displaced Persons Law Repelaed Act, (XIII of 1975), S. 3(2)--Constitution of Pakistan, 1973, Art. 185(3)--Leave to appeal--Right of occupancy--Appreciate the legal and factual aspects of controversy--Contentions--Entitlement of entire land in their occupation and had been deprived of without lawful justification--Validity--No ambiguity--Provisions as contemplated in S. 2 of Punjab Tenancy Amendment Act, 1952--Denying of fact--Occupancy tenant will be considered as owner for the remaining 1/2 share in the occupied land--Appellants were occupancy tenants and they were accommodated accordingly and half of the land was allotted to the respondents which could have been done by notified officer as the forums available in the hierarchy of revenue laws are not concerned with it--Respondents having preferential rights on account of having abandoned their agricultural land in India, were entitled for allotment of the land in-question against their claim which was available for allotment--After satisfaction of their claim the appellants may approach the proper forum for allotment of remaining land subject to all legal exceptions--Appeals dismissed. [Pp. 932 & 933] A & B Judgment Javed Iqbal, J.--The above captioned appeals with leave of the Court and criminal original petitions are directed against the judgment dated 1.6.2000 whereby the writ petitions preferred on behalf of appellants have been dismissed. 2. Leave to appeal was granted by means of order dated 1.7.2002 which is reproduced herein below to appreciate the legal and factual aspects of the controversy:-- "This order shall dispose of eight (08) petitions filed against the order dated 1.6.2002 of the Lahore High Court, Lahore. Petitioners in the captioned petitions are occupancy tenants from generations. Allegedly, the Notified Officer had assumed the jurisdiction which did not vest in him to allot the land in dispute. It is contended that the order impugned is patently illegal and even no notice was issued to the petitioners. Points raised need elaborate considerations, therefore, we are inclined to grant leave to appeal in…

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