Law:

Section:

Keywords: Material Facts, Property, Authorised Officer, Set Aside, Ownership, Evidence, Mistake, Constitution Of Pakistan, Illegal, Factum, Partition, Orders, Necessity, Allotment, Possession, Dispute, Impugned Order, Remand, Order, Consideration, Fees, Disposed Of, Compensation, Petitioner, Parties, Evacuee Property, Constitution, Settlement Authorities, Petition, Notice, Rehabilitation, Contentions, Proceedings, Non-Evacuee, Allotment Of Land, Survey, Mutation, Land, Rehabilitation Authority, Jurisdiction, Cancellation Result: Petition dismissed JUDGMENT The dispute relates to Survey No. 335 measuring 24 ghuntas in Deh Garhi Khairpur which was allotted to the petitioner on 26-10-1960 and possession is also claimed to have been transferred to him on 9-11-1960. The petitioner paid the Rehabilitation and Settlement Fees also and he has produced 13 agreements by which he gave leases of that land from 1960 to 1973 to different persons and also produced 8 Dhal receipts for the land in question which payments have been made on behalf of the petitioner by his Haris or agents. The petitioner has also produced an Ajazatnaixta of 9-9-1952 whereby Rehabilitation Mukhtiarkar, Khairpur granted the disputed land for tire purposes of one crop to Naseer Ahmed. The name of the evacuee was shown as Jatoo Mal. This document has been filed to show that the land in question was treated as an Evacuee Property before 1-1-1957. The respondents Nos. 4 and 5 Sadhoo Mal and Jagan Mal claimed that t e disputed land is their ancestral property and belonged jointly to their respec tive fathers Matoo Mal and Khanoo Mal before Partition and after Partition it has remained in their ownership and they have all along been in possession of the same. Respondents Nos. 4 and 5 made an application on 22-2-1973 to Settlement Authorities under sections 10 and 11 of Displaced Persons (Land Settlement) Act of 1958 for cancellation of the allotment of Survey No. 335 which was allotted to the petitioners and Survey No. 556 which had been allotted to one Mukhtiar Fatima. On 14-9-1973 the application of respondents Nos. 4 and 5 was allowed by Additional Settlement Commissioner (Land) Khairpur after he had…

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