Law:

Section:

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)---Ss. 10 & 11 read with Settlement Scheme No. VII--Transfer of evacuee property-Contention that respondents having not been successful in earlier round of litigation in appeal and revision they could not reopen case through proceedings under Ss. 10 & 11 of Act XXV1I1 of 1958--Whether petitioner could legitimately challenge correctness of findings of High Court, viz. land in dispute was ghar mumkin abadi situated next to residential and commercial area within municipal limits-Nat denied-High Court having reached such a finding of fact on correct appreciation of record, no exception could be taken to same -Initial order of allotment of property as agricultural land having been rendered contrary to law, transfer of property in respondents' favour under Settlement Scheme No. VII, held, not barred. ORDER ABDUL KADIR SHAIKH, J.-The dispute between the parses relates to 1 kanal 10 marlas of land, out of Khasra No. 5/1, measuring 3 kanals and 5 marlas of Square No. 19, situated in Chak No. 54/2--L, Tellisil Okara, District Sahiwal. This entire area was confirmed in petitioner's favour. In series of litigation between the parties, the case finally came up before Lahore High Court in Writ Petition No. 109-R of 1969 filed by respondents 1 to 5. Learned Single Judge in the High Court after perusal of the record dismissed the petition by the judgment dated 15-9-1975 for the reasons that may be stated in his own words as under: "I do not see how by any stretch of imagination the khasra in dispute could be regarded as land. As already mentioned in the Jamabandi ands for the year 1946-47 its nature was given as ghair mumkin abadi it was also recorded that the original owner had let out the khasra to two persons on monthly rents of Rs. 30 and Rs. 20-4-0. There is no evidence whatsoever that after 1946-47, it was used for agricultural purposes subservient to agriculture. In the subsequent jamabandi too it has been shown as ghair mumkin abadi. The assertion of respondents Nos. 1 and 2 that on the eve of Partition there was an Ahata on the khasra which was used for agricultural purposes is not…

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