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(2)--Dispute over transfer of evacuee property--Allegation of forgery and interpolation against one of parties-­Allotment in favour of such party summarily cancelled without making necessary enquiry--Petition converted into appeal, of High Court set aside and proceedings remanded to notified officer for enquiry after hearing all parties concerned. Sharif Hussain Bokhari, Advocate Supreme Court and Kaukab Iqbal, Advocate Supreme Court for Petitioner. Raja M. Anwar, Senior Advocate Supreme Court and Karam Elahi Bhatti, Advocate-on-Record for Respondents Nos. l, 3 and 6. Nemo for Respondents Nos. 2, 4, 5 and 7. Imtiaz Muhammad Khan, Advocate-on-Record for Respondent No.10. Date of hearing: 20th February, 1984. ORDER SHAFIUR RAHMAN, J.-- Khawaja Gul Muhammad who is the petitioner in both these petitions, seeks leave to appeal against the judgment of the Appeal Bench of the Lahore High Court, dated the 11th of January, 1982 whereby the cancellation of his allotments on a constitutional petition filed by the respondents was affirmed. The facts forming the background of these two petitions are that Ali Hussain, a refugee from Azad Jammu and Kashmir, filed his claim form in Gujranwala District and his verified claim was received there. He obtained allotments to the extent of 960 P.I. Us. in three different villages of Gujranwala District and got 2,000 P. I. Us transferred to Tehsil Kahuta, District Rawalpindi. The petitioner had a verified claim of 1935 P.I. Us against which proposals were made in village Kallar Syedian and Kallar Budhar in Tehsil Kahuta. However, as there was some clerical discrepancy in the particulars of his claim form, it was sent for re-verification but in the meantime the allotment made to him was got confirmed against the transferred units of Ali Hussain who sold it to Dr. Israr Hussain from whom the respondents-writ petitioners purchased it. The petitioner challenged the allotments made against the claim of Ali Hussain and an Additional…

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