| Citation(s) |
|---|
| 1981 SLG 237 1981 SLD 237 1981 SCMR 289 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 580 of 1980, decision dated: 30-11-1980. (On appeal against the order dated 18-3-1980 passed in W. P. No. 1274-R of 1974)
MUSHTAQ HUSSAIN AND SHAFI-UR-REHMAN, JJ
Civil Petition for Special Leave to Appeal No. 580 of 1980, decided on 30th November, 1980. A. R. Shaukat, Senior Advocate Supreme Court and Tanveer Ahmed, Advocate-on-Record for Petitioners. Nemo for
Respondents.
Civil Petition for Special Leave to Appeal No. 580 of 1980, decision dated: 30-11-1980. (On appeal against the order dated 18-3-1980 passed in W. P. No. 1274-R of 1974)
MUSHTAQ HUSSAIN AND SHAFI-UR-REHMAN, JJ
Civil Petition for Special Leave to Appeal No. 580 of 1980, decided on 30th November, 1980. A. R. Shaukat, Senior Advocate Supreme Court and Tanveer Ahmed, Advocate-on-Record for Petitioners. Nemo for
Respondents.
FAZAL MUHAMMAD ETC.
VS
ABDUL GHAFOOR ETC.
Law:
Section:
Displaced Persons (Land Settlement) Act (XLVII of 1958)--- S. 14 [as amended by Displaced Persons (Land Settlement) (Amendment) Act (XXXVI of 1974), S. 2] read with Evacuee Property and Displaced Persons (Land Settlement) (Amendment) Act (LV of 1973), S. 2, Sched., Item 2 [adding subsection (1-A) to subsection (1) of S. 14 of Principal Act]-Allotment, cancellation -of, on mukhbari-Subsection (1-A) of S. 14(1) of Act (XLVII of 1958), being retrospective in application, contention that allotment of land having been confirmed in petitioner's favour before addition of subsection (1-A) same could not be taken away from him in consequence of subsequent addition of such subsection, held, without any merit. ORDER MUSHTAQ HUSSAIN, J.-Fazal Muhammad, Khushi Muhammad, Ali Muhammad and Abdul Ghani, real brothers, settled in Chak No. 9/14-L, Tehsil and District Sahiwal, after having taken refuge in Pakistan. Killa No. 3-4/1 measuring 14 Kanals was allotted to them. This allotment in favour of Abdul Ghani was cancelled because he had obtained allotment in excess of his entitlement of 112 P. I. Units. He challenged this up to the Supreme Court but failed. This cancellation had taken place on 16-4-1963. 2. On 28-4-1973 the land was proposed in favour of Fazal Muhammad etc. and was so confirmed on 15-5-73. Abdul Ghafoor, respondent, appealed against it on the ground that the allotment of Ghani has been cancelled on account of his laying the information where for the land was allotted to him on 27-6-1974. A Writ Petition No. 1274/R-1974 filed by the petitioners was dismissed on 18-3-1980. Hence this petition for special leave to appeal. 3. It has been submitted that allotment of land having been confirmed in favour of the petitioners on 15-5-1973, the same could not have been taken away from them in consequence of the addition of section 14(1)(a) by the Displaced Persons Land Settlement…
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