Law:

Section:

Constitution of Pakistan (1973)---- Art. 185(3)-Displaced Persons (Land Settlement) Act (XLVII of 1958), Ss. 10 & 11 read with Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975), S. 2(3) & 3(1) and Transfer of Property Act (IV of 1882), S. 41-Excess allotment of land- Fraudulent sale of such land-Held, cannot be protected under S. 41 of Transfer of Property Act-Proceedings under Ss. 10 & 11 of Act of 1958 pending at time of enforcement of Act of 1975 - Allotment found to have been rightly made under repealed Act upheld by High Court-Leave to appeal refused. Officer on Special Duty v. Bashir Ahmad 1977 SCMR 208 distinguished. Muhammad Yamin and others v. Settlement Commissioner and others 1976 SCMR 489; Maryam Begum v. Shah Muhammad 1976 SCMR 342 and Bashir Ahmad and others v. Additional Commissioner with Powers of Settlement Commissioner (L) and others 1983 SCMR 1199 ref. Bashir Ahmad Ansari, Advocate Supreme Court instructed by Ch. Akhtar Ali, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 2nd June, 1984. ORDER MUHAMMAD HALEEM, C. J.-The dispute in this petition relates to 93 Kanals 3 Marlas of agricultural land situate in village Oppal Jagir, Tehsil Gujranwala. This land was settled on Abdul Majid in satisfaction of his claim, and, was accordingly entered at Khata No. 103 in R. L. II Register on 9th of March, 1963. He sold it to Muhammad Ali through a sale Mutation No. 359, dated 1st of October, 1963. Muhammad Ali next sold it to the petitioner on 16th of November, 1963, and a sale Mutation No. 360 was sanctioned on 31st of August, 1964. However, it appears from the record that there was a complaint made against him that he had obtained allotment of agricultural land in excess of his entitlement. Accordingly, the Settlement Commissioner, Lahore, by his order, dated 26th of March, 1974, saved certain allotments of land within his entitlement, which did not include his allotment of land made on 6th of March, 1963 in village Kotli Gul Muhammad as that was earlier cancelled by the Additional Settlement Commissioner, which order was upheld in appeal. The allotment of the land in dispute was made on 9th of…

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