Law:

Section:

(a) Constitution of Pakistan (1973)- -- Art. 199 read with Displaced Persons (Lurid Settlement) Act (XLVII of 1958), S. 10-Writ-Plea needing factual enquiry-Held, cannot be allowed to be raised for first time in High Court. (b) Constitution of Pakistan (1973)- Art. 199 -- Writ - Estoppel - Petitioner cannot be allowed to reprobate what he bad approbated before Tribunal below.-[Estoppel]. (c) Displaced Persons (Land Settlement) Act (XLVII of 1958)- Ss.4, 10, 11, 12 & 14 read with West Pakistan Rehabilitation Settlement Scheme, 1957, Cis. 1 (vi), 2, 4-A (ix) & 23; Permanent Allotment (Jammu & Kashmir) refugees Scheme, 1961, cls. (3), (4), (5)-Land allotted to Jamrnu & Kashmir refugee under S. 12 of Act for purpose of maintenance-Held, vested in Ministry of Kashmir Affairs and stood excluded from compensation pool-Order of Settlement Authority cancelling allotment of such land and allotting same to persons other than Jammu & Kashmir refugee-Held, of no legal effect and passed without lawful authority. Sakina Bibi and another v. Moamla and 2 others P L D 1977 Lah. 202 fol. (d) Practice and procedure- - Provision of law made for benefit of a party-Held, can be waived by such party even if same mandatory. Masood Hussain v. Muhammad Saeed Khan P L D 1965 Lab. 11 ref. JUDGMENT GHAZANFAR ALI GONDAL, J.-The facts of the case are that Nanak, predecessor of the petitioners being a J & K refugee was given, on 5-6-1959,, temporary allotment of 118 karals and 13 marlas of land in village Panj Garaien, Tehsil Narowal, District Sialkot for maintenance purposes. He was given possession of the same on 28-6-1959. In April, 1974 respondents No. 2 to 8 filed an application under sections 10 and 11 of the Displaced Persons (Land Settlement) Act, 1958, for cancellation of sail temporary allotment on the ground that said Nanak had obtained permanent allotment, according to his entitlement in the villages Dhingran­wali, Hinjranwala, Kharlanwala, Kassoki and Mangat Uncha of Tehsil Hafizabad, District Gujranwala in the year 1962 and consequently he was not entitled to retain the land of his said temporary allotment, Petitioners did not controvert the above factual…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492