Case Details

Citation(s)
1975 SLG 332 1975 SLD 332 1975 SCMR 498
Supreme Court of Pakistan
Civil Appeal No. 24 of 1970, heard on 6th May 1975.(On appeal from the judgment and order of the erstwhile High Court of West Pakistan, Lahore, dated 6th December 1966, in L. P. A. No. 223 of 1961)
MUHAMMAD YAQUB ALI, SALAHUDDIN AHMED AND MUHAMMAD GUL, JJ
Ch. Khalilur Rahman, Advocate-on-Record for Appellant.Abdul Haq, Senior Advocate Supreme Court instructed by M. Z. Khalil Advocate-on-Record (absent) for
Respondent No. 1.
Respondent No. 2 . Ex parte.Nemo for
Respondents Nos. 3 to 7.

Rao ZIAUDDIN-

VS

MUHAMMAD UMAR KHAN AND OTHERS

Law:

Section:

Displaced Persons (Land Settlement) Act (XLVII of 1958)-- S. 15---Appellant stating land allotted to him to be neither reserved for respondents nor cancelled from their allotment and requesting for remanding of case to Rehabilitation authorities for restoration of land allotted to hire other than lend allotted to respondents, or area reserved for them-Respondents agreeing to proposal-Case remanded as prayed for. JUDGMENT MUHAMMAD YAQUB ALI, J.-The dispute in this appeal relates to allotment of agricultural land in Chak No. 13/1-L, Tehsil Okara, District Sahiwal, under the West Pakistan Rehabilitation Scheme. 170 kanals of land was reserved for allotment to respondents Nos. 3 and 4 on the basis of the certificate issued by the Central Record Office that they were entitled to an extra area of about 114 Bighas. It appears that despite this certificate, 102 kanals of land out of the reserved area was allotted to respondent No. 1, but on appeal filed by respondents 3 and 4, the allotment was set aside. A revision petition was, thereupon, filed by respondent No. 1 against this order which wets disposed of by the Additional Rehabilitation Commissioner on 10th December, 1956, with the following observation :---- "The respondents assert that their claim form was sent to the Central Record office with a certificate and the area claimed by them had been rightly verified. The petitioner will be entitled to the area in dispute subject to the verification of the claim of the respondents. The onus, however, lies on the petitioner. The order of the lower Court is modified to this extent." On 1 5th May, 1957, the Central Record Office reported that respondents 3 and 4 were entitled to only 3 acres of land whereupon their entire allotment except 3 Killas was cancelled. Out of it the appellant was allotted 7 ½ acres of land comprising of Killas 10, 11,17, 18 and 21 out of Square No. 14 and Kila 8/2 out of Square No. 2 on 15-5-1957. Another 3 klilas of land out of Square No. 14 was allotted to him on 22-1-1958. Similarly, out of the area cancelled from the names of respondents 3 and a, respondent No. 1 was on 15-5-1957 allotted killas 6, 7, 13, 14, 15, 16, 17, 18, 23, 24 and 25…
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