Law:

Section:

(a) Azad Jammu and Kashmir Administration of Evacuee Property Act (XII of 1957)--- ----S.3---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), Ss.42(11) & 44---Cancellation of allotment of land---Land in dispute was allotted in the name of appellants on 18-3-1971 and appellants had obtained Proprietary Rights Transfer Order on 15-4-1993---High Court, however, vacated allotment of appellants and directed rehabilitation authority to allot land in favour of respondents, if found deserving, on preferential basis of their being old tenants---Only ground on basis of which High Court had cancelled allotment and Proprietary Rights Transfer Order in favour of appellants was that appellant was born in 1948 and he was included in the family of his mother on account of which he was not entitled to separate allotment---High Court had not taken notice of the fact that appellant was not alone, but he was one of members of family whose mother was refugee and said members claimed allotment jointly as sons of their refugee mother---Custodian of Evacuee Properties in his had recorded that mother of appellant had got her statement recorded that she being in advanced old age, wanted the allotment of land to be made in the name of appellant her son---Such fact had also not been taken into consideration by the High Court at the time of cancelling allotment of appellants---Validity---Person who was not refugee, though could not claim benefits and perks attached to refugee's status, but, if one was descendant of refugee, who was entitled to the perks, as in the present case, to the allotment and had not obtained benefits/perks to which he/she was entitled; and by way of a statement had categorically stated that allotment could be made in the name of her son; descendant of that refugee could not be deprived of that right, which his father or mother had. Sardar Ali and others v. Karamat Ali Khan and others 1992 CLC 1861 and 2001 YLR 1527 ref. (b) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)- ----Ss. 42 & 44---Appeal to Supreme Court---None of preliminary objections which went to the root of the case had been attended to by High Court---High Court…

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