Law: Displaced Persons (Land Settlement) Act, 1958

Section: 10 ,11

Displaced Persons (Land Settlement) Act (XLVII of 1958)--- ----S. 10/11---Allotment of land, cancellation of ---Allottee of land in dispute sold land to petitioners/vendees through registered sale-deed---Subsequent to such sale, allotment of original allottee was challenged by respondent through Mukhbari application alleging that allottee had been allotted land in excess of his entitlement---Settlement Authority finding that land in dispute was in excess to the entitlement of allottee, cancelled the same ---Petitioners/vendees of land in dispute who had purchased land in dispute long before Mukhbari application was moved, were condemned  unheard  as  they  were  not  made  party  to  Mukhbari proceedings---Respondent Mukhbar had conceded that vendees had a right to hearing before any order was passed adversely affecting their rights as they had purchased bona fide land in dispute prior to filing of Mukhbari application-- Petitioners/vendees who had acquired valuable right in land in dispute and were condemned unheard, could not be deprived of their rights of ownership in land-- Order of Settlement Authority cancelling land sold by allottee to petitioners was set aside and case remanded to be decided afresh after hearing petitioners and any other persons likely to be affected by cancellation of allotment of original allottee. Sh. Abdul Aziz for Petitioners. Kh. Abdus Sattar for Respondent No.l. A.R. Shaukat and Shahzad Shaukat for Respondent No.2. Nemo for Respondent No.3 (Ex parte). Date of hearing: 15th July, 1991. JUDGMENT In this Constitutional petition order dated 4-7-1978 passed by the Settlement Commissioner (Land) with powers of Chief Settlement Commissioner has been called in question.   The facts giving rise to this Constitutional petition shortly stated are that Bashir Ahmad son of Ibrahim was allotted land measuring 339 Kanals 14 Marlas at Khata No.52, Register RL-II of village Manjpur, Tehsil and District Gujranwala on 28-10-1964. He was also allotted land in village Nangal Duna Singh and village Sangowali in order to satisfy his claim. On 10-7-1965 Bashir Ahmad the allottee sold land measuring 68…