Case Details

Citation(s)
1984 SLG 569 1984 SLD 569 1984 SCMR 578
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 219 of 1970, decision dated: 10-12-1970 (On appeal from the judgment and order of the High Court of West Pakistan Lahore dated the 25-07-1970, in Settlement Revision No. 90 of 1969)
SAJJAD AHMAD, JAN AND M. R. KHAN, JJ

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GHULAM NABIer

VS

. NOOR MUHAMMAD AND others--Respondents

Law:

Section:

(a) Displaced Persons (Land Settlement) Act (XLVII of 1958)----- Ss. 10 & 11-Respondent-allottee neither obtaining land in question fraudulently in excess of her entitlement nor same ever cancelled from her name by any competent authority -Held: Ss. 10 & 11 not attracted for cancellation of land nor gave locus stands to petitioner for allotment of said land. (b) Displaced Persons (Land Settlement) Act (XLVII of 1958)- ---- S. 22-Finality of allotment-Allotment proposed at first instance to claimant and fifteen days allowed to elapse before such proposal finalized-Confirmation of allotment done in open meeting-Petitioner neither raising any objection to allotment in favour of respondent nor challenging allotment at any stage-Allotment, held, became final. Chaudhri Muhammad Abdullah, Advocate Supreme Court instructed by Sh. Abdul Karim, Advocate-on-Record for Petitioner. Nemo for Respondents. JUDGMENT SAJJAD AHMED JAN, J.-This petition for special leave to arises out of the dismissal of a revision petition filed by the petitioner in the High Court, under section 21 of the Land Settlement Act, against the order of the Chief Settlement Commissioner, rejecting his application, under sections. 10 and 11 of the same Act, for cancellation of the land allotted to respondent No. 5, Mst. Maryam Bibi, in village Sian. The contention made on behalf of the petitioner was that being a sitting allottee in the aforesaid village, he bad a preferential right to the allotment of the land, as…
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