Law:

Section:

Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975) S, 2 (2) Dispute over allotment of evacuee land High Court found correct in not extending equitable relief to petitioner as that would have perpetuated injustice Petition for special leave to appeal against order of High Court dismissed. S. Munir Hussain, Advocate and S. Wajid Hussain, Advocate-on-¬Record for Petitioner. Shahzad Jahangir, Advocate and Sh. Salahuddin, Advocate on Record for Respondent No. 1. Date of hearing: 10th December, 1979. ORDER MUHAMMAD HALEEM, J. The petitioner seeks special leave to appeal against the judgment of the Lahore High Court, Lahore, dated 13th of May, 1979, by which Writ Petition No. 482/R of 1979 was dismissed is limine. The petitioner is the son of Mst. Sanjeerat; sister of Sabir son of Chhota who allegedly died in the disturbances following Partition in 1947. As the petitioner was the only heir of Sabir, he submitted a claim form in respect of the land abandoned by Sabir which was accepted and he was allotted 75 kanals and 11 marlas of land in village Hazrat Kailianwala. Tehsil Wazirabad, which was later confirmed to his name and Mutation No. 16 was, accordingly, sanctioned. On 11th of January, 1962, the first respondent, claiming to be alive, appealed to the Deputy Settlement Commissioner (Land) against the said allotment which, by an export order dated 10th of May, 1962, was cancelled. The petitioner filed a revision against this order which was dismissed on 23rd of November, 1967, and the second revision also failed. He then filed Writ Petition No. 185/R of 1966 which was allowed on 12th of November, 1973, and the case was remanded to the Deputy Settlement Commissioner (Land), Gujranwala, for a fresh decision. On remand it was beard by the Assistant Commissioner as a notified officer under the Evacuee Property and Displaced Persons Laws (Repeal) Ordinance, 1974. As the first respondent failed to appear before him despite repeated efforts to serve him, the Assistant Commissioner held that the first respondent was not the son of Chhota; and that the petitioner was his only surviving heir and directed that the entries in R. L. II be corrected and…

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