Law:

Section:

Constitution of Pakistan (1973)----Art. 185(3)--Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S.10 & Sched.--Allotment of Ahata--Order of Additional Settlement Commissioner found not contrary to law--Impugned order High Court set aside. M. Anwar Beg, Advocate Supreme Court instructed by S. Wajid Hussain Advocate-on-Record for the Petitioners. Riaz Kayani, Advocate Supreme Court, instructed by Rana M. A. Kadri, Advocate-on-Record for Respondents Nos. 1 and 2. Date of hearing: 6th February, 1984. ORDER M.S.H. QURAISHI, J.-- The dispute relating to the allotment of three Ahatas, namely, 2, 11 and 100 situate in Chak No.9/14-L, Tehsil and District Sahiwal, between the four brothers, namely, Ghulam Nabi (petitioner No.l), Mustqim (petitioner No. 2), Abdur Rahim (respondent No.l) and Ismail, had come up in revision before the Settlement Commissioner, who on 8-5-1975 remanded the matter to the Additional Settlement Commissioner with the direction that "the case of the Ahata shall be decided on the basis of occupation under the law and scheme with special reference to the fact that one person may not be entitled to more than one Ahata" . While remanding the matter, the learned Settlement Commissioner also observed that in Sakni Jamabandi the possession of Rahim Bakhsh and Ghulam Nabi existed in Ahatas Nos. 2 and 100 and not in Ahata No. 11, that Ghulam Nabi was, according to Jamabandi for 1963-64, in occupation of Ahata No.11, which occupation still existed, that the question of allotment of Ahata No. 100 was pending with the Assistant Settlement Commissioner, that Rahim Bakhsh had manoeuvred the allotment of Ahata No.2 to the exclusion of Ghulam Nabi and that according to Rahim Bakhsh, Ghulam Nabi had sold away his share and left the possession which fact need verification. 2. The Additional Settlement Commissioner, after hearing the parties and examining the record in the presence of the Patwari, proceeded to allot the Ahatas among the four brothers "in an equitable manner but within the law and ambit of the Scheme". He found Ghulam Nabi to be in occupation of Ahata No.11, which comprised 2 Kanals, and by his consent and that of…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492