Law: Displaced Persons (Land Settlement) Act, 1958

Section: 10,11

Law: Constitution of Pakistan, 1973

Section: 199

Law: Civil Procedure Code (V of 1908)

Section: O.I,R.10

Law: Transfer of Property Act, 1882

Section: 41

(a) Displaced Persons (Land Settlement) Act (XLVII of 1958)--- ----Ss. 10 & 11---Transfer of Property Act (IV of 1882), S. 41---Constitution of Pakistan, Art. 199---Constitutional petition--- Fraudulent transaction---Allotment, cancellation of---Ostensible owner---Protection---Land in question was evacuee land and its allotment was cancelled on the basis of Mukhbari application and was allotted in favour of vendor from whom petitioners purchased the land---Grievance of petitioners was that subsequently authorities could not have cancelled the allotment---Validity---It was established that all previous transactions were based on fraud and forgery---No party could be allowed to take advantage of his fraud---There could be no rationale or basis for discrimination between powers endowed to High Court, to a Court of general jurisdiction or to a tribunal of special or limited jurisdiction to probe into the matters of fraud---Whatsoever the case might be, the effect of fraud would be the same and duty to undo that effect was on the authority in whose jurisdiction the fraud was practised---Allotment in favour of vendor not being based on Mukhbari was found to be fraudulent and was liable to be cancelled---Petitioners who were ostensible owners claiming protection of section 41 of Transfer of Property Act, 1882, for having purchased land from allottee was not warranted under the law when title of vendor was based on fraud and in such like matters vendees were to survive or sink with vendor depending upon determination of legal status of the property transferred to vendor because transferee was to simply step into the shoes of transferor so a defective title could not become a perfect title simply because it was further transferred---When Settlement authorities found that land in question had been obtained fraudulently on Mukhbari application under sections 10 and 11 of Displaced Persons (Land Settlement) Act, 1958, they cancelled allotment of the land---Claim of petitioners that they were bona fide purchasers of land in question was not acceptable---Judgment passed by Settlement authorities was based on cogent reasons---Petitioners failed to point out any illegality…

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