Case Details

Citation(s)
1975 SLG 3262 = 1975 SLD 3262 = 1975 PLD 696
Lahore High Court
Writ Petition No. 149/R of 1969, decided on 27th January 1975.
Presented By: A. S. Salem, J
Hamid Mukhtar for Petitioner. Bashir Zafar for
Respondent No. 1. Nemo for the Remaining
Respondents.

MUHAMMAD AMIN-Petitioner

VERSUS

SARDAR ALI AND 3 Others---Respondents

Law: Displaced Persons (Land Settlement) Act, 1958

Section: 11

Displaced Persons (Land Settlement) Act (XLVII of 1958) S. 11 read with Rehabilitation Settlement Scheme, Part I, para. 14--- Allotment of land in favour of K-Subsequently mutation of inherit ance in favour of his daughter R sanctioned and area ultimately confirmed in his favour--Sale of land thereafter by R to one M-- Settlement Authorities (after the sale) proceeding ex parte against original allottee K and cancelling allotment without hearing M the vendee in whose favour land was sold by R daughter of K-3V filing revision petition before Settlement Commissioner against order of cancellation-Revision petition of dismissed by Settlement Commis sioner as being not competent, M not being original allottee-Held, vendee from a confirmed allottee was entitled to opportunity of hearing before allotment could be cancelled ; Settlement Commis sioner acted without lawful authority in refusing to proceed with revision filed by M-Case remanded. Syed Zulfiqar Ali Shah and 16 others v. Ch. Muhammad Hassan D. S. C. West Pakistan and another P L D 1971 Lab. 108 ref. Chief Commissioner, Karachi and another v. Mrs. Dina Sohrob Katrak P L D 1959 S C (Pak.) 45 and Deputy Settlement Commissioner and another v. Syed Zuiflqar Ali Shah and others 1971 Law Notes S C 17 ref. Date of hearing : 27th January 1975.                                                                                                                                JUDGMENT An area measuring 306 kanals 8 marlas for 723 Produce Index Units in lieu of Claim Form No. 42744 of one Khairati at R. L. 11, Khata No. 306, of Village Ucba Pind, Tehsil Ferozwala, District Sheikhupura, was proposed in his favour on 5-8-1964. A mutation No. 6 of the aforesaid Khairati was sanctioned in favour of his daughter, Mst. Rasooli, on 2-9-1964. The area was ultimately confirmed on the aforesaid khata on 29-9-1964. The…
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