Law:

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Constitution of Pakistan (1973)--Arts. 185(3) & 199 read with Displaced Persons (Land Settlement) Act (XLV11 of 1958), S. 10 Claim based on pre emption decree of civil Court in respect of land left in India Decree of civil Court accepted by Rehabilitation Commissioner and given effect to Decision of High Court upholding action of Settlement authorities not suffering from any infirmity as might require interference Rights of vendees from subsequent allottees arising pending dispute over claim of respondents Held, hit by doctrine of lis pendens and subject to result of litigation Leave to appeal refused. ORDER SHAFIUR RAHMAN, J. Three petitions have been filed seeking leave to appeal against the same judgment of the Lahore Court dated 3 6 1980 whereby a settlement revision filed by respondents Nos. 1 to 3 was allowed. Chiragh Din, respondent No. 3 and Muhammad Sharif, the predecessor in interest of respondents Nos. 1 and 2, migrated from village Mandi Choori Maran, Tehsil Zera, District Ferozepur. They laid claim to, among others, 582 Kanals 12 Marlas of land in respect of which they held pre emption decree of the civil Court dated 25 11 1945 and which had been partly given effect to in the mutation. In the first round confined to the verification of such a claim the Rehabilitation Commissioner Punjab on 8 1 1953 passed the following order : "The case of the petitioner is that on 12 11 1947 he had secured a decree in a pre emption suit in respect of the land in question on 11 12 1945. Mutation No.999 was drawn up but it was yet pending when owing to disturbances the parties had to migrate. The copies of the statements of persons concerned on the file of the A. F . C. (L) show that the contention of the petitioner is correct. I have also seen the Jamabandi. There is a reference of mutation No. 999 on the first page of the Jamabandi. It has been noted that this mutation alongwith others was pending in August, 1947. 1 therefore accept this revision petition and direct that a provisional Fard Haqiat should be issued in respect of this land to the petitioner .and steps should be taken to secure a copy of mutation No. 999 from the authorities of Indian Dominion at…

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