Law:

Section:

Displaced Persons (Land Settlement) Act (XLVH of 1958)-------Ss. 10/11---Constitution of Pakistan (1973), Art.199---Constitutional petition ---Pre-emption---Allotment of land, cancellation of---Effect on vendee and pre-emptor of the land---Allotment of land in dispute made in favour of allottee thereof was subsequently cancelled on the ground that" claim form submitted by allottee was bogus and fictitious---Land, prior to its cancellation, was sold by allottee to different vendees and said sale was successfully pre-empted by petitioner---Allotment of respondent-allottee having become void and without jurisdiction after cancellation of allotment, sale made in favour of vendees and pre-emption decree obtained by the petitioner, were of no consequence ---Vendees as well as petitioner/pre­empt6r had stepped into the shoes of the allottee and claim of allottee having been cancelled, petitioner was not entitled to retain the property merely on account of being successful pre-emptor against the sale made by allottee--­Order of cancellation of allotment based on proper appreciation of evidence which was supported by record produced from the Central Record Office, not suffering from any legal infirmity, did not warrant any interference of the High Court in exercise of its Constitutional jurisdiction. Syed Wajih-ul-Hassan Zaidi v. Government of Punjab and others 1997 SCMR 1901; Yousaf Ali v. Muhammad Aslam Zia and others PLD 1958 SC (Pak.) 104; Khuda Bakhsh v. Khushi Muhammad PLD 1976 SC 208 and Raunaq Ali v. Chief Settlement Commissioner PLD 1973 SC 236 ref. JUDGMENT This petition is directed against the 'order of Settlement Commissioner (Land) with the powers of Chief Settlement Commissioner, Punjab, Lahore, dated 6-10-1981 whereby Mukhbari application submitted by Muhammad Iqbal Khan-Respondent No.3 was accepted and land allotted to Sawant Khan alias Tara son of Karim Bakhsh (predecessor-in-interest of the petitioner) was cancelled. 2. Briefly the facts of the case, as stated in this petition, are that Sawant Khan, respondent No. 10 was allotted agricultural land measuring 423 Kanals, 12 Marlas in village Adhian, Tehsil Ferozewala, District Sheikhupura, under the…

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