Law:

Section:

(a) Displaced Persons (Land Settlement) Act (XLVII of 1958)-------Ss. 10 & 11---Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975), S.3---Constitution of Pakistan (1973), Art.199--constitutional petition---Evacuee property ---Mukhbari of illegal allotment--­Investigation---Failure to join necessary parties---Disputed property was transferred in the names of the petitioners (pre-emptors) as a result of decrees passed in their favour in pre-emption suits---Vendors were the allottees of the property against their verified claims---Notified Officer on Mukhbari application had cancelled the allotment having found the same to be illegal--­Petitioners/pre-emptors were not made party to the investigation proceedings and the order of cancellation was passed at their back ---Validity---Pre­emption decrees were executed, transfer mutations on the basis of the decrees were attested m favour of the petitioners/pre-emptors by Revenue Authorities and the transfers were incorporated in the Revenue Record---Valuable rights, thus. had been created in favour of the petitioners/pre-emptors---Where the. petitioners/pre-emptors were not afforded opportunity of being heard and inquiries and investigations were conducted at their back, orders passed by Settlement Authorities were violative of the principle of natural justice of audi alteram partem---Petitioners/pre-emptors were necessary parties and the order of cancellation of allotment of the disputed property passed in their absence was ab initio void and suffered from basic illegality--­Such orders were set aside and the case was remanded to the Authorities for decision afresh---Constitutional petition was allowed accordingly. (b) Displaced Persons (Land Settlement) Act (XLVII of 1958)--- ----Ss. 10 & 11---Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975), S.3---Informer---Benefit, extent of ---Informer after repeal of the Settlement Laws could get benefit only to the extent of his unsatisfied pending claim which had been resumed on the basis of information given by him---Such was the benefit which could be extended to the informer under the provisions of Displaced Persons (Land…

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