Law:

Section:

Constitution of Pakistan. (1973)­--- Art. 185(3)Special leave to appeal to Supreme CourtSettlement Authority's order being that if at any stage -Petitioner's farde-­haqiat is cancelled or her claim is found bogus, opposite party's claim may be considered for allotment of land in disputeContention that High Court's observation in writ proceedings of -Petitioners' farde­-haqiat being cancelled due to its being founded on bogus claim was wrong and as such gravely prejudiced -PetitionerDirections in Settle­ment Authority's order being implementable in favour of opposite party only when fardehaqiat proved to be cancelled, no prejudice, held, caused to -Petitioner. JUDGMENT MUHAMMAD GUL, J. This petition is from the order of a learned Single Judge of the Lahore High court accepting the writ petition filed by Mirza Muhammad Beg, since deceased, predecessor-in-interest of -Respondents 2 to 9 herein. The dispute relates to the allotment, of certain land in village Man Singhwala, Tehsil Kasur, District Lahore, which was allotted and confirmed to Mst . Kamli (-Petitioner herein) as daughter and Muslim Law heir of one Phool Khan, who was stated to have abandoned land in Gurgaon District It appears that Mirza Muhammad Beg claimed the allotment of the same land, on the allegation, that Mst, Kamli, succeeded in getting the land allotted to her on the basis of a bogus claim and that the allotment had been cancelled from her name on that account. There is also a note to that effect in Khata No. 154 of R. L. 11 relating to entitlement of Phool Khan. This was, however, stoutly contested by Mst. Kamli, who protested the genuineness of her claim, and her allotment was intact. During the proceeding that followed the matter was taken in appeal by Mst. Kamli, before D. R. C. (L), Kasur, who, vide order dated 1271923 accepted her appeal holding that no order has been produced by Mirza Muhammad Beg to show that the claim of Mst Kamli was bogus and therefore Mirza Muhammad was entitled to the land in her khata, as an informer. Accordingly, the land was restored to Mst. Kamli. A revision filed by Mirza Muhammad Beg against the above order was dismissed on 17-3-1964 by the Additional…

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