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Rehabilitation and Settlement Scheme----- Part I read with memorandum No. 69-LHR-61/1054-R,P) dated 22nd May 1961-Adjustment of allotted land in lieu of abandoned mortgagee rights-Memorandum applies only to allotments lawfully made and not to allotments illegally obtained-Claimant allottee can­not take advantage of subsequent change in policy-Illegal confirma­tion made in 1952 and change in policy introduced in 1961-Such later change cannot legalise illegal confirmation of allotment. JUDGMENTS HAMOODUR RAHMAN, C. J.-This appeal, by special leave, is directed against the judgment of a Division Bench of the former High Court of West Pakistan, Lahore seat, in a Letters Patent Appeal. This appeal arose in the following circumstances :- The appellant, who is a displaced person from India, filed three claim forms being Nos. 2807, 2809 and 2810 in respect of proprietary lands left behind by him in India. These were verified for 1543 units and lands to the extent of 185 kanals and 5 marlas were allotted in lieu thereof in village Koth Mughlan, Gujranwala. There is no dispute with regard to this allotment. He also filed another claim form No. 2608 regarding certain mortgagee I4ghts held by him in respect of some lands in India. These were at first verified for 736 produce index units but later enhanced by another 165 produce index units. In the Fard-i-Haqiyat issued in respect of this claim from the Central Record Office, however, two categories of lands were separately shown, namely ; (1) Malkiyat 103 kanals, 3 marlas and (2) Murthani 2 kanals 6 marlas, and on the basis of this Fard-i-Haqiyat he obtained allotments in Gujranwala Zarai in respect of both categories on the 28th of November 1952, to the extent of 87 kanals and 14 marlas. These lands were in due course confirmed in November 1952, in his favour ; but on the 21st of October 1957, the respondent Rehmat Ali laid an information with the Settlement Authorities to the effect that the appel­lant had obtained illegal allotments of land in Gujranwala Zarai, in contravention of the provisions of Paragraph 7 of the Rehabilitation Settlement Scheme, Part I. This paragraph reads as follows :--- "A Muslim mortgagee of…

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