Law:

Section:

(a) Constitution of Pakistan (1973)---Art. 185 (3)-Displaced Persons (Land Settlement) Act (XLVII of 1958), Ss. 10 & 11-Fraud-Petitioner alleging that original claimant having not migrated to Pakistan and that claim was verified and mutation sanctioned through fraud-No evidence showing how respondent committed fraud in obtaining sanction of mutation in his favour-Pedigree table relied upon by petitioner supporting fact that respondent figured therein as descendant-Orders passed by competent authority sanctioning mutation as far back as 1953 having attained finality and no appeal or revision under relevant law filed could not be challenged after lapse of so many years-Previous application on same subject having been dismissed, Settlement Authority had no jurisdiction to pass order inconsistent with same-Application having once been consigned to record for want of jurisdiction could not be treated as pending proceedings and disposed of under Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975-Leave to appeal refused in circumstances. Officer on Special Duty v. Bashir Ahmad 1977 SCMR 208 ref. Displaced Persons (Land Settlement) Act (XLVII of 1958)---- Ss. 10 & 11-Registration of Claims (Displaced Persons) Act (III of 1956), S. 5-Petitioner alleging before Settlement Commissioner that original claimant not migrated to Pakistan and that claim was verified through fraud-Allegation being related to registration of claim under Registration of Claims (Displaced Persons) Act, 1956. Settlement Authorities, held, incompetent to deal with question under Ss. 10 & 11 of Displaced Persons (Land Settlement) Act, 1958, of fraud committed upon officers of Claims Organisation. ORDER ZAFFAR HUSSAIN MIRZA, J.-The respondents Nos. 1-5 Nazar Khan and others, claim to be successors and heirs of one Jaurey Khan, a displaced person from village Ladamka, Tehsil Pahari, Bharratpur State, India. In lieu of the verified claim of the said Jaurey Khan, land was allotted and confirmed in village Shahabdeekay, Tehsil Narowal District Sialkot. Mutation of inheritance was sanctioned in favour of respondents Nos. 1-4 and Mst. Nahali, by the Assistant Collector, Grade-II on…

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