Law: Displaced Persons (Land Settlement) Act, 1958

Section: 10 , 11

Law: Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975

Section: 2

  Displaced Persons (Land Settlement) Act (XLVII of 1958) --- ---- Ss. 10 & 11 --- Constitution of Pakistan (1973), Art. 199 --- Cancellation of allotment sought on basis of mere affidavit of third person --- Effect--Genuineness of allottee's claim was not contested --- Petitioner's only contention was that allottee was in India, he had not migrated to Pakistan and that respondent was not his sister --- Petitioner did not produce any evidence in support of his claim but placed reliance on the affidavit of third person who had stated in such affidavit that allottee was in India and was in possession of land there-- Person who had sworn affidavit neither appeared before any of the Settlement Authorities, nor his statement was recorded in presence of parties ---Respondent had no opportunity to cross-examine such person --- Although proceedings under provisions of Ss.10 & 11, Displaced Persons (Land Settlement) Act were not judicial in nature, yet same were quasi-judicial in character wherein elementary principles of natural justice must be observed ---Settlement Commissioner was thus completely justified in not placing reliance upon such affidavit and not cancelling allotment of respondent. Mst. Bhano and another v. Mian A.M. Saeed and others 1969 S C M R 299; Begum Shams-un-Nisa v. Said Akbar Abbasia and another P L D 1982 S C 413; Umar Din v. Syed Muhammad Abdul Aziz Sharqi and others P L D 1985 S C 265; Sheikh Muhammad Amin v. Chief Settlement Commissioner, Pakistan Lahore and another 1987 S C M R 56; Chief Settlement Commissioner, Lahore v. Raja Mohammad Fazil Khan and others P L D 1975 S C 331; Muhammad Yaqoob Khan and others v. Nazar Khan and others 1983 S C M R 1252 and Officer on Special Duty v. Bashir Ahmad 1977 S C M R 208 ref. Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975)--- ---- S.2(2) --- Constitution of Pakistan (1973), Art. 199 --- Mukhbari application for cancellation of allotment --- Petitioner failed to establish that he had lodged information before Settlement Authority before 1st of July 1974, when laws were repealed --- Respondent's allotment having attained confirmation before crucial date…