| Citation(s) |
|---|
| 1978 SLG 141 1978 SLD 141 1978 SCMR 160 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 1127 of 1976, decision dated: 21st January 1978.
QAISAR KHAN, MUHAMMAD HALEEM AND GHULAM SAFDAR SHAH, JJ
Abed Hassan Minto, Advocate Supreme Court of Pakistan, instructed by Sh. Masud Akhtar Advocate on-Record (absent) for Petitioner. Nemo for
Respondents
Civil Petition for Special Leave to Appeal No. 1127 of 1976, decision dated: 21st January 1978.
QAISAR KHAN, MUHAMMAD HALEEM AND GHULAM SAFDAR SHAH, JJ
Abed Hassan Minto, Advocate Supreme Court of Pakistan, instructed by Sh. Masud Akhtar Advocate on-Record (absent) for Petitioner. Nemo for
Respondents
ROSHAN DIN
VS
ADDITIONAL SETTLEMENT COMMISSIONER AND 10 OTHERS
Law:
Section:
Displaced Persons (Land Settlement) Act (XLVII of 1958)-- Ss. 10 & 11 Allotment, cancellation of Fraud Question whether a person is or is not a Jammu & Kashmir refugee A question of fact Settlement Authority and High Court both, in view o: evidence led by parties, holding petitioner not to be a Jammu & Kashmir refugee Such finding of fact, held, could not be interfered with in Supreme Court. ORDER QAISAR KHAN, J. Roshan Din, a resident of Sialkot, got some land allotted in his name in villages Punuwal and Malagarpur of Siaikot Tehsil as Jammu & Kashmir refugee. Noor Din, Nawab Din and Mohammad Bashir submitted an application against him under section 10/11 of the Displaced Persons (Land Settlement) Act, 1958 alleging that Roshan Din had obtained the land by fraud as he was not a refugee from Jammu 8t Kashmir. The Additional Settlement Commissioner (Lands) with powers of Chief Settlement Commissioner after recording the evidence of the parties by his order dated 2 9 1976 held that Roshan Din had obtained the land by fraud as ho was not a Jammu 8t Kashmir refugee. He, therefore, cancelled the land from his name, Roshan…
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