Law:

Section:

Pakistan Rehabilitation Act (XLII of 1956)---S. 6---Rehabilitation Settlement Scheme, Paras 4-A(ix) & 44-A---Allotment of evacuee land to Jammu and Kashmir refugee---Such land once allotted to the refugee would stand excluded from compensation pool, and Settlement/Rehabilitation Department could not re-allot the same to any one else at back of its alottee. Allah Rakhi v. Sughra Bibi 1986 CLC 2095; Muhammad Bibi v. Province of Punjab 2006 CLC 586; Mst. Sakina Bibi v. Mamla PLD 1977 Lah. 202; Muhammad Khan v. Karim Bakhsh PLD 1977 Lah. 747; Allah Rakhi v. Assistant Commissioner/Additional Settlement Commissioner (L), Narowal and others 1989 MLD 3343; Allah Rakhi v. Sughra Bibi 1986 CLC 2095; Raisham Bibi v. Umar Din 1986 CLC 2354 and Abdul Haq v. Surraya Begum 2002 SCMR 1330 ref. Dost Muhammad v. Badal Jan 1976 SCMR 112; Jan Muhammad v. Sher Muhammad PLD 1979 SC 985; Muhammad Din and others v. Allah Lok and others 1989 SCMR 323; Ghulam Muhammad v. Ahmad Khan PLD 1991 SC 391 and Noor Muhammad v. Muzaffar Bibi 2006 SCMR 25 rel. ORDER TASSADUQ HUSSAIN JILLANI, J.---Through this appeal by leave of the court appellants-defendants have challenged the judgment of the Peshawar High Court, Abbottabad Bench dated 28-2-2011 which upheld the judgment and decree of the District Judge dated 10-7-2006 whereby respondents/plaintiffs' suit for declaration was decreed and the judgment of the trial Court dated 13-11-2002 was reversed vide which the said suit had been dismissed. 2. Facts briefly stated are that respondents/plaintiffs filed a suit for declaration and perpetual injunction as also for possession if they fail to prove factum of possession. In the plaint, it was averred that as per record of rights (Jama Bandi) for the year 1979-80, the suit land was allotted to Sardar Muhammad son of Hassan predecessor-in-interest of the plaintiffs in the capacity of refugee from Jammu and Kashmir on temporary basis whereafter the suit land went out of the compensation pool and the Settlement Department/defendant had no authority to make any order qua its allotment to anyone else. Further declaration was sought that the RL-II issued by defendant Department and mutations sanctioned…

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