Law:

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Constitution of Pakistan (1973)-----Art. 185(3)--Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975), S.3 (1) (6)--Leave to appeal granted to consider question whether phrase "land occupied by any person" occurring in S.3(1) (b), Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975, referred to original allottee/purchaser from him or to tenant in actual possession. Muhammad Fazil v. Settlement .Commissioner & others Civil Petition No. 80 of 1981 fol. A.R. Shaukat, Sr. Advocate Supreme Court and M. Aslam, Advocate-­on-Record for Petitioner. Shahzad Jehangir, Advocate Supreme Court for Respondents. Date of hearing: 4th October, 1983. ORDER NASIM HASAN SHAH, J.-- Respondent No.2 purchased some agricultural land from its allottee. It was later discovered that the allottee had obtained the allotment far in excess of his true entitlement resulting in cancellation of the excess allotment. Respondent No.2, therefore, submitted an application for purchase of the land. The petitioner, who was cultivating the land and has been described as a tenant at will" under Respondent No.2 also applied to purchase it. The application of Respondent No.2 was granted, while that of the petitioner denied. The provision of law governing the situation is clause(b) of subsection (1) of section 3 of the Evacuee…

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