Law:

Section:

(a) Azad Jammu and Kashmir Rehabilitation Act, 1974--- ----S. 2(d)---Azad Jammu and Kashmir Administration of Evacuee Property Act, 1957, Ss.18 & 18-A---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.42---Cancellation of allotment---Essentials---Land measuring 1 Kanal and 1 Marla was allotted under the allotment permit and Proprietary Rights Transfer Order was granted to allottee by Custodian of Evacuee Property---Appellant, allegedly forcibly occupied land measuring 2 Marlas, 3 Sarsais out of the said land and manoeuvred forged and fabricated documents i.e. an agreement and affidavit on the basis of which appellant succeeded to get cancellation of the allotment of occupied piece of land through an order issued from the office of Secretary Rehabilitation---Allottee filed writ petition challenging cancellation order, which writ petition was accepted by High Court---Validity---When the alleged false documents regarding surrender of. allotment by allottee were prepared by the appellant, allottee was abroad with her husband---All the proceedings for cancellation of allotment and making subsequent allotment in favour of appellant had been initiated in allottee's absence, which was clear violation of statutory provisions---Government under provisions of S.18(7) of Pakistan Administration of Evacuee Property Act, 1957, was empowered to cancel! the allotment, where it was proved on the basis of an inquiry that allottee had abandoned or had consented for cancellation of the allotment; and under S.18-13(1)(c) of the Act, Custodian was also empowered to cancell any allotment, where it had been found that the allotment had been made in violation of law or was without jurisdiction---Nothing was on 'record front which it could be ascertained that the allottee ever had surrendered or abandoned her allotment---Cancellation of allotment of allottee was nullity in the eyes of law---In case of surrender or abandonment of allotment, the person who was alleged to have surrendered, his statement must be recorded; presence of first allottee at the time of surrender and signature on the documents relating to surrender, were necessary, but nothing had been done in…

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