Law:

Section:

Evacuee Property and Displaced Persons Laws (Repeal) Ordinance (XV of 1974)--S. 3(1), Proviso-Occupancy rights - Points raised by petitioner already noticed by High Court-Petitioners to be blamed for failure to attend on date of hearing and to substantiate alleged rights-Leave to appeal refused. ORDER ABDUL KADIR SHAIKH, J.-This is a petition for special leave to appeal from the judgment of Lahore High Court dated 8-5-1975 dismissing Writ Petition No. 728-R of 1969 filed by the petitioners who sought to challenge the order of the Additional Settlement Commissioner dated 2-4-1965. By this order, learned Additional Settlement Commissioner cancelled the allot­ment issued to the petitioners for the land measuring 312 kanals and 14 marlas in Chak No.: 16, Tehsil Kasur, District Lahore, on the ground that the petitioners had not been able to establish their entitlement, or that they had any verified claim awaiting satisfaction. The petitioners had failed to appear on 20-4-1964 when the order was passed, in spite of the fact that on the earlier date of the hearing they were present and the case was adjourned on their request so as to substantiate their claim. Mr. Munir Ahmad, learned counsel for the petitioners submits that no reasonable opportunity was given by the Additional Settlement Commissioner to the petitioners to establish that they had acquired occupancy rights in the property, and even otherwise learned Additional Settlement Commissioner was under legal obligation to examine the record before passing the order…

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