Law:

Section:

Constitution of Pakistan (1973)-----Art. 185(3)--Displaced Persons (Land Settlement) Act (XLVII of 1958), S.10--Dispute over transfer of evacuee land--Leave to appeal granted to consider whether relevant law governing allotment of land in lieu of mortgagee rights had been correctly applied to petitioner's case. Sh. Mazhar-ul-Haq, Advocate Supreme Court instructed by S. Abid Nawaz, Advocate-on-Record for Petitioner. Rao Muhammad Yousuf Khan, Advocate-on-Record (absent) for Respondent No.l. Date of hearing: 28th January, 1984. ORDER M.S.H. QURAISHI, J.-- Land measuring 181 Kanals situate in the area of Chak No.44/N.B., Tehsil and District Sargodha, which had been confirmed in favour of the petitioner in lieu of his mortgagee rights, was cancelled from his name by the D.R.C. Land and allotted to respondent No.l on 1-3-1961 but on appeal was restored to the petitioner by the Additional Settlement Commissioner on 21-1-1963. The learned Settlement Commissioner, however, upset this order on 16-4-1966 upon the view that the petitioner did not fulfil the conditions laid down in Press Note No.7975/7329-R(P), dated 28-12-1959 inasmuch as his allotment had been withdrawn…

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