Law:

Section:

Displaced Persons (Land Settlement) Act (XLV1I of 1958)---.- Ss. 10 & 11 - Cancellation of allotments - Statement of allottee as to his claim having not been transferred to District G relating to only one village and not relating to all villages in District G but considered by Settlement Authority as having related to all villages­ Statement having been made in connection with allotment made in another case, vie. one made in village B, held, could not be utilised in connection with allotment of land in villages M and K and consequent­ly allotments made in villages M and K not liable to cancellation. ORDER NASIM HASAN SHAH, J.-This appeal has been heard along with Civil Appeal No. 75 of 1970, and the main question falling for decision in both the matters is the same. Briefly stated the dispute in this case relates to 62 kanals 6 marlas of agricultural lands in village Nandhir in the District of Gujranwala. These lands were allotted to Bagh Ali, respondent No. 3 herein. On 24-1-1968, Bagh Ali sold these lands to the present appellants by a registered deed of sale. On the basis of this sale, mutation was sanctioned in favour of the appellant on 23-3-1968. Subsequently, respondent No. 1 herein (Muhammad Anwar) submitted an application under sections 10 and 11 of the Displaced Persons (Land Settlement) Act for cancellation of the allotment of the disputed land in favour of Bagh Ali on the ground that the latter had made a statement before Ch. Ali Ahmad, Settlement Commissioner (Land) stating that his claim was not transferred to the District of Gujranwala and that such transfer, if any was bogus. That allotment was related to village Sharoke and the background of that matter has been fully detailed in our judgment passed in the connected matter. However, relying upon the said statement, although made in connection with the allotment made in another case, the allotment of the disputed land in village Nandhir in favour of Bagh Ali was cancelled on 17-5-1969 by the Deputy Commissioner, Gujranwala exercising powers of the…

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