Law:

Section:

Rehabilitation Re-Settlement Scheme, (Punjab) Part 1, para. 4 (c) and 23; Part II, Instruction 60 (6)-Forged fard-i-haqiyyat--- Claimant responsible for forgery not to be deprived of his real entitlement-Instructions in Part II of Scheme to be consistent with provisions of Part I.   Under para. 4 (c) of Part I of the Punjab Rehabilitation Re-Settlement Scheme "if an allottee is, at any subsequent time, found to have been allotted land in excess of what may actually be due to him, the allotment of the excess area shall be cancelled." There is nothing to show that this provision will not apply to cases of forgery.   Instruction No. 60 (6) in Part II of Scheme was not intended to arm the Rehabilitation Commissioner with a power to penalize a case of forgery so as to deprive s person of his legitimate title, otherwise, this instruction would be in excess of powers granted by para. 23 of Part I of Scheme.   Abdul Haq etc. v. ` Rehabilitation Authorities W. P. No. 399 of 1956 and Allah Dia v. Rehabilitation Commissioner (Lands) West Pakistan P L D 1959 Lah. 130 ref.   JUDGMENT   KAYANI, C. J.-Abdul Manan appellant put in a claim for 519 kanals, 5 marlas of land in Chak No. 71/5-L of Montgomery Tehsil and a proposal for the allotment of 237 kanals, 8 marlas, which was equal to his claim in terms of produce-index units, was made in his favour on the 1st of December 1951. Before, however, this proposal could materialise, it was discovered that a forgery had been committed in the fard-e-haqiyyat so as to alter 519 kanals, 5 marlas to 1519 kanals, 5 marlas, whereupon the proposal was cancelled on the 20th of May 1953. The land in question was thereafter allotted to the first eight respondents. An appeal and a revision to the Rehabilitation authorities having failed, Abdul Marian filed a writ petition in this Court. This was dismissed on the ground that the Rehabilitation authorities had acted within their jurisdiction. Abdul Manan has, therefore, brought an appeal in Letters Patent.   The Rehabilitation Commissioner dismissed the revision petition on the ground thatthe appellant had committed a forgery in the fard-e-haqiyyat and…